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HomeMy WebLinkAboutAgenda Packet 1993/07/27 Tuesday, July 27, 1993 6:00 p.m. "Idllclare under penalty 01 perjury that I ai'll employed by the CIty of Chura Vista In the Office of tho Cilj C:1~rk and that I posted this Agen::.J:.J/i\!oUco en the Bulletin Board at the Public ervices Building and at City Hall on DATED. 7:.2-~ 7' SIGNED ~..;(~?" .. Regular Meetinlr of the City of la Vis a itv Council Council Chambers Public Services Building CAlL TO ORDER 1. ROLL CAlL; Councilmembers Fox _, Horton _, Moore _, Rindone _, and Mayor Nader _ 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MlNlITES: July 13, 1993 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Appeals and Advisors - Thomas F. Leonard; Cultural Arts Commission - Larry V. Dumlao; Cultural Arts Commission - Carlos Gilbert Pelayo; Design Review Commission - Dan Way; Library Board of Trustees - Ronald E. Williams; Economic Development Commission Ex-Officio Sheila Washington; International Friendship Commission - Luis Alvarez; Planning Commission - William C. Tuchscher; Resource Conservation Commission - Barbara Ann Hall; Resource Conservation Commission - Michael Johnson; Safety Commission - Stephen C. Padilla. CONSENT CALENDAR (Items 5 through 12) The staff recommendations regarding the following items listed under the Consent Calendar will be t!IIacted by the Council by one motion without discussion unless a Councibnember, a member of the publU: or City staff requests thot the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby aruJ submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board aruJ Commission Recommendations aruJ Action Items. Items pulled by the public will be the rust items of business. 5. WRITTEN COMMUNICATIONS: a. Letter, with attachment, requesting reinstatement of the Senior and Disabled Transportation Advisory Committee - Carolyn F.J. Butler, 97 Bishop St., Chula Vista, CA 91911. It is recommended that staff be directed to send Ms. Butler a copy of the staff report and Ordinance 2543, and, if after review ofthe material, Ms. Butler feels the senior and disabled community is under represented, staff will calendar her letter for consideration by the Human Relations Commission. Agenda -2- July 27, 1993 b. Letter requesting support for Multiple Species Conservation Program (MSCP) Resolution of Intention (ROI) - Dan Silver, Coordinator, Endangered Habitats League, S424A Santa Monica Blvd., #592, Los Angeles, CA. 90069. It is recommended that staff notify the Endangered Habitats League of the hearing date, and that their concerns will be addressed in the report prepared for that meeting. c. Letter urging consideration of approving a no-smoking ordinance - Mayor Dick Lyon, City of Oceanside, Civic Center, 300 North Hill St., Oceanside, CA. 92054. It is recommended that the item be referred to staff and the City Attorney for report back to Council. 6. ORDINANCE 2561 REQillRING RECOVERY OF CRIMINAL JUSTICE ADMINISTRATION FEES IMPOSED BY SAN DIEGO COUNIY (second readinS[ and adootion) - Commencing 7/1/92, under the auspices of a new State law, the County has imposed a booking fee of $176 per criminal defendant arrested by our police department. While we are protesting the amount of the fee and the authority to impose same in pending litigation, adoption of the ordinance would create a means of collecting it from criminal defendants booked through the system during the pendency of the litigation if it eventually proves unsuccessful, and would therefore protect our general fund from a possible large unaccrued liability. Staff recommends Council place the ordinance on second reading and adoption. (City Attorney) 7. ORDINANCE 2563 AMENDING SCHEDULE X, SECTION 10.48.050 OF TIlE MUNICIPAL CODE, DECREASING STATE LAW MAXIMUM SPEED JJMITS IN CERTAIN AREAS, EAST "Ii" STREET EAST OF EASTLAKE DRIVE, MOUNT MIGUEL ROAD AND PROCTOR VALLEY ROAD (second readinS[ and adootion) - East "H" Street, east of EastLake, is a four lane major arterial. Mount Miguel Road and Proctor Valley Road are each Class II collector streets. Since the streets do not have any fronting business or residences, the unposted prima facia speed limit is 55 mph. Based on recent traffic surveys, including speed surveys and a study of roadway geometries, and in the interest of public safety, it is recommended that East "H" Street, east of EastLake Drive be posted at 45 mph, Mount Miguel Road be posted at 35 mph, and Proctor Valley Road be posted at 30 mph. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) S.A. RESOLUTION 17179 APPROVING AGREEMENT BETWEEN TIlE CITY OF CHULA VISTA AND WOODLAWN PARK COMMUNITY CENTER AND AUTIiORIZING TIlE MAYOR TO EXECUTE SAID AGREEMENT - On 5/18/93, Council approved $255,000 of CDBG funds to 22 social service programs and $96,600 for three community development programs and $53,000 to the Fair Housing Council and Human Services Council programs. The U.S. Housing and Urban Development Department (HUD) requires a written agreement between the City and each sub-recipient of CDBG funds. Staff recommends approval of the resolutions. (Director of Community Development) B. RESOLUTION 17180 APPROVING AGREEMENT BETWEEN TIlE CITY OF CHULA VISTA AND SOUTIi COUNIY COUNCIL ON AGING (SHARED HOUSING) AND AUTIiORIZING TIlE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION 17181 APPROVING AGREEMENT BETWEEN TIlE CITY OF CHULA VISTA AND FAIR HOUSING COUNCIL OF SAN DIEGO AND AUTIiORIZING TIlE MAYOR TO EXECUTE SAID AGREEMENT Agenda -3- July 27, 1993 D. RESOLUTION 17182 APPROVING AGREEMENT BE1WEEN 1HE <JlY OF CHULA VISTA AND CENTERFOR WOMEN'S STUDIES AND SERVICES (pROJECT SAFEHOUSE) AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT E. RESOLUTION 17183 APPROVING AGREEMENT BE1WEEN 1HE CITY OF CHULA VISTA AND EPISCOPAL COMMUNITY SERVICES (OTAY COMMUNITY CUNlC) AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT F. RESOLUTION 17184 APPROVING AGREEMENT BE1WEEN 1HE CITY OF CHULA VISTA AND BOYS AND GIRLS CLUB OF CHULA VISTA (EDUCATION ENHANCEMENT) AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT G. RESOLUTION 17185 APPROVING AGREEMENT BE1WEEN 1HE CITY OF CHULA VISTA AND COMMUNITY SERVICE CENTER FOR 1HE DISABLED AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT H. RESOLUTION 17186 APPROVING AGREEMENT BE1WEEN 1HE CITY OF CHULA VISTA AND AIDS FOUNDATION SAN DIEGO AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT I. RESOLUTION 17187 APPROVING AGREEMENT BE1WEEN 1HE CITY OF CHULA VISTA AND YWCA OF SAN DIEGO COUNTY (BATTERED WOMEN'S SERVICES) AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT J. RESOLUTION 17188 APPROVING AGREEMENT BE1WEEN 1HE CITY OF CHULA VISTA AND YMCA OF SAN DIEGO COUNTY (YMCA FAMILY STRESS CENTER) AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT K. RESOLUTION 17189 APPROVING AGREEMENT BE1WEEN 1HE CITY OF CHULA VISTA AND YMCA OF SAN DIEGO COUNTY (SOUTH BAY FAMILY YMCA SUNSHINE COMPANY) AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT L. RESOLUTION 17190 APPROVING AGREEMENT BE1WEEN 1HE CITY OF CHULA VISTA AND YMCA OF SAN DIEGO COUNTY (SOUTH BAY FAMILY YMCA SUMMER DAY CAMP) AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT M. RESOLUTION 17191 APPROVING AGREEMENT BE1WEEN 1HE CITY OF CHULA VISTA AND YMCA OF SAN DIEGO COUNTY (CHULA VISTA HUMAN SERVICES COUNCIL) AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT N. RESOLUTION 17192 APPROVING AGREEMENT BE1WEEN 1HE CITY OF CHULA VISTA AND LUTHERAN SOCIAL SERVICES SOUTHERN CAUFORNlAPROJECT HAND} AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT O. RESOLUTION 17193 APPROVING AGREEMENT BE1WEEN 1HE CITY OF CHULA VISTA AND ADULT PROTECTIVE SERVICES (SOUTH BAY ADULT DAY HEALTH CENTER) AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT P. RESOLUTION 17194 APPROVING AGREEMENT BE1WEEN 1HE CITY OF CHULA VISTA AND SENIOR ADULT SERVICES (MEALS ON WHEELS) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Agenda -4- July 27, 1993 Q. RESOLlJIlON 17195 APPROVING AGREEMENT BE1WEEN 1HE CI1Y OF CHULA VISTA AND JOBS FOR YOUTH AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT R. RESOLlJIlON 17196 APPROVING AGREEMENT BE1WEEN 1HE CI1Y OF CHULA VISTA AND SOUlH BAY COMMUM1Y SERVICES (CASA NUESTRA) AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT S. RESOLlJIlON 17197 APPROVING AGREEMENT BE1WEEN 1HE CI1Y OF CHULA VISTA AND SOUTH BAY COMMUM1Y SERVICES (GRAFFITI ERADICATION) AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT T. RESOLlJIlON 17198 APPROVING AGREEMENT BE1WEEN 1HE CI1Y OF CHULA VISTA AND SOUTH BAY COMMUNl1Y SERVICES ONTERVENTION TEAM) AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT U. RESOLlJIlON 17199 APPROVING AGREEMENT BE1WEEN 1HE CI1Y OF CHULA VISTA AND SOUTH BAY COMMUN11Y SERVICES (COMMUN11Y DEVELOPMENT PROGRAM) AND AUTHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT V. RESOLlJIlON 17200 APPROVING AGREEMENT BE1WEEN 1HE CI1Y OF CHULA VISTA AND MAAC PROJECT (EMERGENCY FOOD PROGRAM) AND AUlHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT 9. RESOLlJIlON 17201 CONDITIONALLY APPROVING A LAND LEASE AGREEMENT WITH CIVIC CENTER BARRIO HOUSING CORPORATION FOR 650 SQUARE FEET OF LAUDERBACH PARK TO ACCOMMODATE A CHILD CARE FACIIJ1Y OPEN SPACE REQUIREMENT - In February 1992, the City entered into an agreement with Civic Center Barrio Housing Corporation, a non-profit developer, for 20 years to build a 28-unit apartment complex at 1250 Third Avenue (The Park Village Apartments) to provide housing opportunities to very low income families. The uniqueness of the project, besides providing housing to low income families, is that the tenants will have access to on- site child care and off-site job training opportunities for the purpose of promoting self sufficiency. The child care open space requirement of the project is in excess of the space currently available at the complex. A small and remote portion of Lauderbach Park is being requested for lease in order to resolve the open space requirement. Staff recommends approval of the resolution. (Director of Community Development) 10.A. RESOLlJIlON 17202 APPROVING SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT REGARDING CONDITIONS 16, 20, 21, 22, AND 23 AND AUTHORIZING 1HE MAYOR TO EXECUTE SAME - On 5/9/92, Council approved the Tentative Subdivision Map for Tract 92-03, Championship Classics I in EastLake Greens. The final map is before Council for approval. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLlJIlON 17203 APPROVING FINAL MAP OF TRACT 92-03, CHAMPIONSHIP CLASSICS I, ACCEPTING ON BEHALF OF 1HE CI1Y 1HE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDMSION, REJECTING ON BEHALF OF 1HE CI1Y 1HE OPEN SPACE LOTS GRANTED ON SAID MAP WITHIN SAID SUBDMSION, AND APPROVING SUBDMSION IMPROVEMENT AGREEMENT FOR 1HE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDMSION, AND AUlHORIZING 1HE MAYOR TO EXECUTE SAID AGREEMENT Agenda .5. July 27, 1993 11. REPORT WORK PROGRAM AND AUTIiORlZATION FOR A SCHOOL IMPACf MITIGATION STIlDY IN CONJUNCllON WITIi TIiE CHULA VISTA ELEMENTARY SCHOOL DISTRICf, SWEETWATER UNION HIGH SCHOOL DISTRICf AND SOURCE POINT. In mid.1992, Council directed staff to finalize a work program for the mentioned study with both School Districts and return with a final work program for Council action. Staff has since worked with the Districts and Source Point to reach consensus on the final program, which is being presented for Council consideration. Staff recommends that the item be continued for aooroximateIv four weeks. (Director of Planning) Continued from the meeting of 7120/93. 12. REPORT OTAY CORPORATE CENTER NORTIi PROJECf . On 3/23/93, Council authorized staff to transmit a letter stating the City's concerns regarding a proposed development project in Otay Mesa known as "Otay Corporate Center North." Subsequently, staff received a copy of the City Manager's Report, which recommended a six-month continuance of the project, due to trans border airport issues. The repott is intended to provide Council with an update. It is recommended that Council accept the report and provide staff with additional comments and/or direction, if deemed necessary, prior to the scheduled San Diego City Council hearing for the project on 7/27/93. (Director of Planning) Continued from the meeting of 7/20/93. * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RESOUmONS AND ORDINANCES The following items have been advertised and/or posted as pubIU: hearings as required by law. If you wish to gpeak to any item, pkase fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendntinn; complete the pink form to gpeak in opposition to the staff recommendation.) Comments are limited to five minutes per individual 13. PUBUC HEARING CONSIDERATION OF RATE INCREASE FOR COIJ.ECllON AND DISPOSAL OF REFUSE - The County of San Diego recently increased landfill fees, thereby necessitating an increase in the refuse collection and disposal rates. Laidlaw is requesting such an increase effective 7/1/93. Staff recommends approval of the resolution. (Administration) RESoumON 17204 APPROVING RATE SCHEDULES FOR COIJ.ECllON AND DISPOSAL OF REFUSE EFFECI1VE JULY 1, 1993 14.A. PUBUC HEARING CONSIDERATION OF ADOPTION OF AN INTERIM PRE-SR-l25 DEVELOPMENT IMPACf FEE AND CONSIDERATION OF MODIFICATION OF TIiE EXISTING TRANSPORTATION DEVELOPMENT IMPACf FEE . On 8/20/91, Council approved a contract with Howard Needles Tammen and Bergendoff (HNTB) for professional services in preparing a report which would analyze future transportation needs in Chula Vista and help staff develop contingency plans in the event that SR.125 is not constructed in a timely fashion. HNTB has completed the report which contains a Agenda .6. July 27, 1993 recommended roadway system, and a recommended financing plan as well as providing background and discussion of issues considered in developing the proposal. Staff recommends Council continue the public hearing to 8/17/93 or schedule a Worksession/Meeting for 8/26/93 and receive the report and direct the preparation of a final Council policy on development monitoring for consideration along with the final action on the Interim SR. 125 Plan. (Director of Public Works) B. REPORT DEVELOPMENT FORECASf AND DEVELOPMENT MONITORlNG POUCJES This report does not require a public hearinl! but is a related item. (Director of Planning) 15. PUBUC HEARING WAIVER OF ASSESSMENTS AND FEES ASSOCIATED WIlH DEVELOPMENT OF EASTI.AKE COMMUNl1Y CHURCH The Redevelopment Agency purchased the former property owned by Chula Vista Missionary Church on Orange Avenue in order to construct a new library. The church is requesting waiver of fees associated with development of a new church in EastLake. In addition, the land has assessments which were levied under Assessment Districts 88-1 and 85-2. EastLake Community Church is requesting waiver of those assessments as well. Staff recommends Council accept the report and deny waiver of any fees. (Director of Public Works, Director of Planning, and Director of Community Development) REPORT RESPONDING TO A LETTER RECEIVED BY COUNCIL ON JULY 13, 1993, CONCERNlNG 1HE WAIVER OF ASSESSMENTS AND FEES ASSOCIATED WlTH DEVELOPMENT OF EASTLAKE COMMUNl1Y CHURCH ORAL COMMUNICATIONS This is an opportunity for the general publU: to address the CiJy Council on any subject matter within the Council's jurisdiction tIult is not an item on this agenda. (State law, however, generally prohibits the CiJy Cowu:il from taking action on any issues not incluikd on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communimtions Form" available in the lobby and submit it to the CiJy Clerk prior to the meeting. T7wse who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the CiJy Council will consider items which hove been forwarded to them for consideration by one of the CiJy's Boards, Commissions and/or Committees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to elU:it substantiol discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the a1tenuJtive. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the CiJy Clerk prior to the meeting. PublU: comments are limited to five minutes. Agenda -7- July 27, 1993 16. RESOLlYIlON 1nOS AMENDING RESOLlYIlON NUMBER 16708 TO APPROVE AN AMENDED FORM OF BOND INDENTURE PERTAINING TO THE ISSUANCE OF BONDS IN ASSESSMENf DISfRlCf NUMBER 90-2 (OTAY VALLEY ROAD) - On 6/23/93, Council approved the formation of the Assessment District for the widening of Otay Valley Road. On 6/30/92, Council adopted Resolution Number 16708 authorizing the issuance of bonds, approving the form of the bond indenture and related documents (the "Resolution of Issuance"). On 7/12/93, the City's Limited Obligation Improvement Bonds, Series A, Assessment District 90-2 were offered to prospective investors for the first time. However, the underwriting effort was met with resistance from investors due to greater than ordinary risks associated with the Assessment District. Concerns were mostly focused upon the Otay Rio Business Park, comprising over 197 accessible acres and its continued ability to make assessment installment payments. Staff recommends approval of the resolution. (Director of Community Development, Director of Finance and Director of Public Works) 17. REPORT CONSULTANT SELECIlON PROCESS FOR GREG ROGERS PARK IMPROVEMENf PLAN - On 3/2/93, Council directed staff to return with a report which would address Council's concern on the Request For Proposal (RFP) process used to select a design consultant for the Greg Rogers Park Improvement Project. Staff recommends Council accept the report. (Director of Parks and Recreation) Continued from the meeting of 7/20/93. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the CiJy Council will discuss items which have been removed from the Consent Calendm. Agenda items pulled at the request of the publi<: will be considered prior to those pulled by Councilmembers. PublU: comments are limited to five mimJtes per individunL OTHER BUSINESS 18. OTY MANAGER'S REPORTCS) a. Scheduling of meetings. 19. MAYOR'S REPORT(S) a. Reconsideration of 1993/94 budget. Continued from the meeting of 7/20/93. b. Cox Cable adult channel. Continued from the meeting of 7/20/93. Agenda -8- July 27, 1993 20. COUNOL COMMENTS Councilman Fox a. Review of Police Department policy regarding minor narcotic law violations on school campuses. Continued from the meeting of 7/20/93. b. Reconsideration of three requests for reclassification that were frozen at the 7/13/93 Council meeting: . Senior Accounting Assistant to Collection Supervisor in the Finance Department. . Administrative Analyst II to a Senior Management Analyst in the Management and Information Services Department. . Associate Planner to Senior Planner in the Planning Department. Councilman Moore c. Reconsideration of Solid Waste Management Agreement and eligibility to serve on Interim Commission by listing areas of concern as understandings versus conditions and that the various City's items of understanding to be among the first order of business of the Commission. Continued from the meeting of 7/20/93. d. Letters to Mayors of Imperial Beach, National City, and City of San Diego regarding Eighth District area and County Board of Supervisors regarding First District south of SR-54 urging them to join Chula Vista in a unified effort regarding a basic divergence program and a follow-up meeting with Presiding Juvenile Judge Pate, Probation Department, and District Atrorney's Office. Goal is to agree upon a minimum offer/court fine of thirty days of community service with parent presence for fifty per cent of the service when youths are apprehended in acts of graffiti application. Continued from the meeting of 7120/93. Councilman Rindone e. Evaluation criteria for City Manager and format. Continued from the meeting of 7/20/93. ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees Association (CVEA) , Western Council of Engineers (WCE) , Police Officers Association (POA) , International Association of Fire Fighters (IAFF) , Executive Management, Mid-Management, and Unrepresented. Continued from the meeting of 7/20/93. Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County of San Diego regarding booking fees. Continued from the meeting of 7/20/93. Evaluation of City Manager pursuant to Government Code Section 54957. Continued from the meeting of 7/20/93. Pending litigation pursuant to Government Code Section 54956.9 - Jones Intercable. Continued from the meeting of 7/20/93. The meeting will recess (to a closed session and thence) be continued to Wednesday, July 28, 1993 at 8:00 a.m. at the County Administration Center and thence to the Regular City Council Meeting on August 3, 1993 at 4:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council meeting. July 22, 1993 FROM: SUBJECT: The Honorable Mayor and City Council John D. Goss, City Manager~< City Council Meeting of July 27, 1993 TO: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, July 27, 1993. Comments regarding the Written Communications are as follows: 5a. This is a request to reinstate the "Senior and Disabled Transportation Advisory Committee" which was abolished by the City Council at the February 23, 1993 meeting. The committee was dissolved due to the dissolution of SCOOT. The functions that the Committee had were transferred to the Human Relations Commission by Ordinance 2543 (copy attached). It appears that the concerns expressed by Ms. Butler are much broader than would be dealt with by a "Transportation Commission". IT IS RECOMMENDED THAT STAFF BE DIRECTED TO SEND MS. BULTER A COPY OF THE STAFF REPORT AND ORDINANCE 2543, AND, IF AFTER REVIEW OF THIS MATERIAL, MS. BUTLER FEELS THE SENIOR AND DISABLED COMMUNITY IS UNDER REPRESENTED, STAFF WILL CALENDAR HER LETTER FOR CONSIDERATION BY THE HUMAN RELATIONS COMMISSION. 5b. This is a letter from the Endangered Habitats League requesting support for the Multiple Species Conservation Program's "Resolution of Intention" (ROI) The City Council has previously directed staff to schedule a public hearing regarding the proposed Clean Water Program Multiple Species Conservation Program ROI. This hearing is tentatively scheduled for August 24 and IT IS RECOMMENDED THAT STAFF NOTIFY THE ENDANGERED HABITATS LEAGUE OF THE HEARING DATE, AND THAT THEIR CONCERNS WILL BE ADDRESSED IN THE REPORT PREPARED FOR THAT MEETING. 5c. This is a letter from the City of Oceanside urging consideration of a no- smoking ordinance. IT IS RECOMMENDED THAT THIS ITEM BE REFERRED TO STAFF AND THE CITY ATTORNEY FOR REPORT BACK TO COUNCIL. JDG:mab WRITTEN COMMUNICATIONS ~ :0~J TULLf N)/?93 RECEIVED 7D +h'-f?... IYl A-L{ 0 fC.. '93 JL 15 All :33 m<e.. ctfu C:ouflJeiL pelCSaiVS) I CITY OF CHULA v::';.:' Th e- L i +~ 0 4'-- c- h u L ~lWC~ gFF@1l4 L L (: 0 R-t<.J l Ii- '(1910 :t CARoLLfY\J 1='~N~c-eS C :)oNes.) Bu+LetJi:: lUll f=erR.W\A-LL'-( ((e-~ue...s.f-liv7 f{/tf th-e- S-elA./IOIC.- f>d ~ b _CdLj LO fV1 m'l '5 5 La tV 1 L R.e U/r) S+I4-+--ec!.... to (C Ph 'e. C-j e f-l- e- ({ q '7 .3 - I 99 Lf) ,/h PT -/- / + lJ<.elYi fH'l{) I~ t="OR-c:.<- foR. th-e.. Lfel4R... +0 COWIe... (1'1-'13- flV-diFFel1Jl1&J. 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T.J -.:::> 4.., ( Plt~~ k5evel't)) W €- --j h '€- S e VD j 0 R c; A IV d t h '<L D i S A h Le d. 0 ~ - --... - ~ LhoLrt V"STAJ CA LitOR.V\JIA } W'Aru.f CJuR. Co m mi 5 S /010 ReiY1Js-f-A-fed. . $tfTR+"M)'l TuLy d7J /993 { 0 . , (nJAWle.) (Add fes 5/2;'p cole) (g h (j It) €-J I, ;(, 3, l{, ~. to, 7, g, g, lD, U. l;l, , l3, t~ , 15. UP' --- ,.----' .~ Ot/ -~ Y JUcD.-J:Jvu w-f1,o S Uff<9~ ~ ~ ai. -~ fujnuY~ ~ ~\...0 ~J..v-eL" Jjn 0-<lLlL J-~~) UJJL.- ~ ~ CLn.d ~~. ~ct- OV../u Ci7YUJn/- Ufl~~" bUh--..J v-~'-';.t~~' C-tJ- rfO~2Jc<.,J- t ~ vt4' ci (~cv ~~CL\. . Penk>r.Dr~. ~. j 5.D ~.::< ' SD J 3 0 4 ~ ~ '7 Q 9 i() /1 'r /..L... ,~ J:j ;c; I S./ /& ,s ~0 -- a.--- Dan Silver . Coordinator 8424A Santa Monica Blvd. #592 Los Angeles, CA 90069 TEL/FAX 213 . 654 . 1456 ENDANGERED HABITATS LEAGUE Dedicated to the Protectian of Coastal Sage Scmb and OtheT Threatened ECllsysrems The Honorable Tim Nader. Mayor and Members of the City Council 276 Fourth Ave. Chula Vista. CA 91910 nQ .d =::4-4 Q -< -< ::0 nO "" ITI r-'" ,.. ..... me") " ::::0........ .... m ~c 0\ - V'l r- < <;;;;: a ITI 'T\Vi ~ C RE: Support for Multiple Species Conservation Program (MSCP) ResolutiolM>pntenUbn (ROI) July 12, 1993 Dear Mayor and Members of the Council: Our organization is an alliance of conservation groups and individuals dedicated to ecosystem protection and cooperative solutions which reconcile environment and development. We are privileged to serve on the MSCP Working Group. Due to the rapid progress which has been made, the MSCP study area is now far ahead of the rest of Southern California in preparing to meet the federal mandate now in effect for the California Gnatcatcher, recently listed under the Endangered Species Act. If the program is to advance further, however, there must be an assurance of continued participation by the local jurisdictions. and a clear understanding of their vital roles and responsibilities in making the process work. It is these roles and responsibilities which are detailed in the Resolution of Intention (ROI). Contrary to letters from the development industry, the ROI does not set forth policy options or plan alternatives for your consideration. When these are available in early 1994, public hearings would be appropriate. but would now be premature. After approving the ROI within the Working Group. the industry's current opposition is simply a ploy to gain leverage over the process. We hope you will not be a party to this manipulation. We are impressed by the MSCP's early integration of land use planning, biology, economics, and the protection of private property rights. Within the forum of the Working Group, these issues are being effectively addressed. The MSCP is also structured to give local governments autonomy and flexibility in drawing final reserve boundaries. Unless the MSCP is successful, the near future is sure to bring a succession of disruptive endangered species listings which go far beyond the gnatcatcher. In order to gain the short and long-term economic benefits of a multiple species plan, we must not delay. Your continued productive participation in the MSCP process, as contained in the ROI. is essential. We urge your approval of this excellent document. Thank you for considering our views. Le.' With best regards, " q ~'I) g;f~~ ~ - '~0~ WRITTEN COMMUNICATIONS d~ . . 5h"j ~ )0~9J ENDANGERED HABITATS LEAGUE MEMBERS *San Diego area groups Friends of the Tecate Cypress The Environmental Trust* Santiago Creek Greenway Alliance Friends of the Santa Margarita River* Friends of the Northern San Jacinto Valley The Irvine Conservancy Southwestern Herpetologists Society* Back Country Land Trust* Alpine Land Conservancy* Stop Polluting Our Newport Save the Headlands Carlsbad Arboretum Foundation* Cottonwood Creek Conservancy* Ecology Cenler of Southern California Friends of the Hills Defenders of Wildlife Orange County Fund for Environmental Defense Laguna Canyon Conservancy Mountain Defense League* Save Our Coastline 2000 Laguna Greenbelt, Inc. Friends of Batiquitos Lagoon* San Diego Biodiversity Project* Rural Canyons Conservation Fund Friends of the Santa Ana River Tri County Conservation League San Diego Audubon Society* Santa Barbara Audubon Society Laguna Hills Audubon Society Palomar Audubon Society* Los Angeles Audubon Society Buena Vista Audubon Society* Pomona Valley Audubon Society Palos Verdes Peninsula Audubon Society Pasadena Audubon Society South Coast Audubon Society Sea and Sage Audubon Society Santa Monica Bay Audubon Society El Dorado Audubon Society San Fernando Valley Audubon Society Sierra Club San Diego Chapter* Sierra Club Angeles Chapler Sierra Club San Gorgonio Chapter Friends of Los Penasquitos Canyon Preserve* Shoreline Study Cenler* California Native Plant Society, State Chapler California Native Plant Society, Orange County Chapter California Native Plant Society, San Diego Chap1er* California Native Plant Society, Los Angeles/Santa Monica Chapter California Native Plant Society, Kern County Chapler Committee for the Environment (Orange County Bar Assoc.) San Bernardino Sage Friends Save Our Forest and Ranchlands* Friends of the Foothills Ba1lona Lagoon Marine Preserve Coastal Conservation Coalition Pomona Valley Greens National Opossums, Inc. Environmental Health Coalition* Golden State Wildlife Federation Friends of the Alamos District 5b -02. f.~1 T ',t elF (3 f:~ ~c A- 2'\<< ~:;;; l I.C~ r -"- _".' ~,..~ It~;; .,' - ~ 1'.<0:',,:0") 1J !.If:;."_,:.;. _ _._-~ MAYOR DICK LYON i.~ July 9, 1993 Honorable Tim Nader City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 iiM ~ Dea~'~ IJbuer: ('")(") ~:::::; -<-< (.-;>0 .--n ~o ~::: u)i-.~ .~-,> ~ ~ -- \0 ::u /'11 C') f'T1 < /'11 o > 0Cl (:;; N On July 7th, the City of Oceanside's City Council introduced a strong no-smoking ordinance similar to that already in effect in the cities of Solana Beach and Del Mar. This action moved San Diego County one step closer to becoming a region that fully protects the health, safety and well-being of its non-smoking citizens. Our City Council urges your city to join in this effort and consider approving a similar ordinance in your community. It is only by acting together and eliminating this health hazard on a regional basis that we can fully begin to protect our citizens from the effects of environmental tobacco smoke. All of our citizens patronize establishments throughout the region. It is for that reason that we believe it is important for your city to consider implementing an ordinance similar to ours. I have enclosed a copy of our ordinance for your review, and I would be pleased if you would contact me if there is any way I could provide additional information or support that could assist you. I believe we are on the cutting edge of a movement supported by the vast majority of our citizens who wish to see our region, our state and then our nation become a place where smoking is prohibited in public places and when we will all be able, truly, to breathe free. Cordially, ~ Dick Lyon cc:~ CIVIC CENTER ~D~' WRITTEN COMMUNICATION~i (II) ~11 ~7') - .5c ,,/ :TREET. OCEANSIDE, CA 92054 . TELEPHONE 618-966-4401 . FAX61 9-966-4436 1 ORDINANCE NO. 4 AN ORDINANCE OF THE CITY OF OCEANSIDE AMENDING CHAPTER lOA OF THE OCEANSIDE CITY CODE TO STRENGTHEN THE RESTRICTIONS ON SMOKING IN PUBLIC PLACES AND PLACES OPEN TO THE PUBLIC 2 3 5 WHEREAS, the U. S. Environmental Protection agency has 6 determined that tobacco smoke is the major contributor of 7 particulate indoor air pollution; and 8 WHEREAS, reliable studies have shown that breathing 9 sidestream or secondhand smoke is a significant health hazard, 10 in particular for elderly people, individuals with 11 cardiovascular disease, and individuals with impaired 12 respiratory function; including asthmatics and those with 13 obstructive airway disease: and 14 WHEREAS, health hazards induced by breathing sidestream or 15 secondhand smoke produce heart disease, lung cancer, respiratory 16 infection, decreased exercise tolerance, decreased respiratory 17 function, bronchoconstriction, and bronchospasm; and 18 WHEREAS, non-smokers with allergies, respiratory diseases 19 and those who suffer other ill effects of breathing sidestream 20 or secondhand smoke may experience a loss of job productivity or 21 may be forced to take periodic sick leave because of adverse 22 reactions to same; and 23 WHEREAS, the smoking of tobacco, or any other weed or 24 plant, is a danger to health; and 25 WHEREAS, the health care costs and lost productivity 26 incurred by smoking-related disease and death represent a heavy 27 and avoidable financial drain on our community; and 28 WHEREAS, the free distribution of cigarettes and other 1 5(;,,,3 1 tobacco products encourages people to begin smoking and using 2 tobacco products, and temps those who had quit smoking to begin 3 smoking again; and 4 WHEREAS, free distribution of cigarettes and other tobacco 5 products promotes unsightly litter, thereby increasing the costs 6 to the public in cleaning the streets; and also causes 7 pedestrian traffic congestion; and 8 WHEREAS, the compelling purpose and intent of this division 9 includes the general promotion of the health, safety, and 10 welfare of all people in the community against the health 11 hazards and harmful effects of the use of addictive tobacco 12 products; and 13 WHEREAS, the City Council desires to strengthen the current 14 restrictions on smoking in public places and places open to the 15 public, and on the distribution of cigarettes and other tobacco 16 products. 17 NOW, THEREFORE, the city Council of the city of Oceanside 18 DOES ORDAIN as follows: 19 SECTION 1. Chapter lOA of the Oceanside City Code is 20 amended to read as follows: 21 Chapter lOA 22 SMOKING AND TOBACCO PRODUCTS 23 Section 10A.1. Definitions. 24 The following words and phrases, whenever used in this 25 Chapter, shall be construed as hereafter set out, unless it is 26 apparent from the context that a different meaning is clearly 27 intended: 28 A. "Adult Entertainment Establishment" shall mean any 2 .5G " L/ 1 nightclub, cabaret or similar commercial establishment which is 2 (1) open only to adults and excludes minors by reason of age and 3 (2) regularly features live performances by dancers or other 4 entertainers who appear in a state of nudity or otherwise expose 5 to public exhibition specified anatomical areas; 6 B. "Area Open to the Public" shall mean any area 7 available to and customarily used by the general public; 8 C. "Bar" shall mean any premise designed, used or 9 intended to be used for the selling or serving of alcoholic 10 beverages to the public for consumption on the premises and 11 shall include that area of a restaurant which is devoted to the 12 serving of alcoholic beverages and in which the service of food 13 may be only incidental to the consumption of such beverages 14 provided that the area is either: (1) completely separated from 15 the remainder of the restaurant by solid partitions or glazing 16 without openings other than doors or doorways, the width of 17 which shall not exceed the minimum exit way width applicable to 18 such bar and restaurant as established by the Uniform Building 19 Code or other applicable building regulations; or (2) the bar 20 and restaurant are provided with a heating, ventilating and air 21 conditioning system (HVAC) designed to exhaust air from the bar 22 to the outside and any recirculated air is filtered through 23 filters designed to remove particulant matter and odors from 24 smoke, and the patrons of the restaurant are not required to 25 pass through the bar in order to enter the restaurant; 26 D. "Distribute" means to give, sell, deliver, issue, or 27 cause or hire any person to give, sell, deliver, dispense, issue 28 or offer to give, sell, deliver, dispense, or issue; 35(, ,5 1 E. "Employee" means any person who is employed by any 2 employer in consideration for direct or indirect monetary wages 3 or other compensation; 4 F. "Employer" means any person, partnership, corporation, 5 including municipal corporation or public entities, who employs 6 the services of two or more persons or two or more people 7 conducting business within the establishment; 8 G. "Enclosed" means closed in by a roof and walls with 9 appropriate openings for ingress and egress; 10 H. "General Public" shall mean shoppers, customers, 11 patrons, patients, students, clients, and other similar invitees 12 of a commercial enterprise or non-profit entity; 13 1. "Place of Employment" means any enclosed area under 14 the control of a public or private employer which employees 15 normally frequent during the course of employment, including but 16 not limited to, work areas, employee lounges, conference rooms, 17 and employee cafeterias. Private residences are not places of 18 employment unless it. is used as a child care, day care, health 19 care, or other similar facility. Bars and adult entertainment 20 establishments are not places of employment for the purposes of 21 this chapter. 22 J. "Restaurant" means any dinner house, coffee shop, 23 cafeteria, luncheonette, soda fountain, fast food service, and 24 other establishment where cooked or otherwise prepared food is 25 sold to the general public for consumption on the premises. The 26 term does not include a cafeteria or lunchroom defined as a 27 "Place of Employment" by Subsection I of this section. 28 K. "Smoking" means the carrying or holding of lighted 4 - ~ c-I, 1 pipe, cigar, or cigarette of any kind, or any other lighted 2 smoking equipment or the lighting or emitting or exhaling the 3 smoke of a pipe, cigar, or cigarette of any kind; " L. "Specified Anatomical Areas" mean (1) less than 5 completely and opaquely covered: (a) human genitals, pubic 6 region; (b) buttock; and (c) female breast below a point 7 immediately the top of the areola; and (2) human male genitals 8 in a discernibly turgid state, even in completely and opaquely 9 covered. 10 M. "Sports Arena" means sports pavilions, gymnasiums, 11 health spas, boxing arenas, swimming pools, roller and ice 12 rinks, bowling centers, halls, and other similar places where 13 members of the public assemble to engage in physical exercise, 14 participate in athletic competition, or witness sports events; 15 N. "Vending Machine" means an electronic or mechanical 16 device or appliance the operation of which depends upon the 17 insertion of money, whether in coin or paper hill, or other 18 thing representative of value, which dispenses or releases a 19 tobacco products and/or tobacco accessories; 20 Section 10A.2. city-owned Facilities. 21 Smoking is prohibited in all buildings, vehicles, or other 22 enclosed areas occupied by city employees, owned or leased by 23 the city, or otherwise operated by the city. 24 section 10A.3. Prohibition of Smoking in Enclosed Places. 25 Smoking is prohibited in the following places within the 26 Ci ty of Oceanside: 27 A. All enclosed areas available to and customarily used 28 by the general public and all businesses patronized by the Je-? 1 public, including but not limited to, retail stores, the common 2 areas of hotels and motels, pharmacies, banks, shopping malls, 3 and other offices; 4 B. All restaurants except in a bar. The owner, manager, 5 or operator of the restaurant shall post signs as prescribed by 6 section 10A.6 and remove all ashtrays from tables; 7 c. Waiting rooms, hallways, wards, and semi-private rooms 8 of health facilities, including, but not limited to, hospitals, 9 clinics, physical therapy facilities, doctors' offices, except 10 that health facilities shall also be subject to the provisions 11 of section 10A.4 regulating smoking in places of employment; 12 D. Elevators, public restrooms, indoor services lines, 13 buses, taxicabs and other means of public transit under the 14 authority of public entities, and in ticket, boarding, and 15 waiting areas of public transit deport; provided, however, that 16 this prohibition does not prevent the establishment of separate 17 waiting areas for smokers and non-smokers provided that at least 18 sixty (60) percent of a given waiting area shall be designated 19 as a non-smoking area; 20 E. In public area of museums and galleries; Theaters, auditoriums, concert facilities and halls 21 F. 22 which are used for motion pictures, stage dramas and musical 23 performances, ballets or other exhibitions, both indoor and 24 outdoor, except when smoking is part of any such production, 25 provided, however, in outdoor facilities, designated smoking 26 areas may be provided which shall be segregated from non-smoking 27 areas. Where seating area is provided in an outdoor facility, 28 no more than forty (40) percent of the total seats of the 6 SG"~ 1 facility may be designated as smoking seats. This section shall 2 not be construed to apply to bars which have been issued 3 Department of Alcoholic Beverage Control Type 61, 42 or 48 4 licenses and which provide entertainment; 5 G. Retail food marketing establ ishments, including 6 grocery stores and supermarkets; 7 H. Public schools and other public facilities under the 8 control of another public agency, which are available to and 9 customarily used by the general public, to the extent that the 10 same are subject to the jurisdiction of the city; 11 1. Sports arenas, both indoor and outdoor, and convention 12 halls, except in outdoor sports arenas, designated smoking areas 13 may be provided which shall be segregated from non-smoking 14 areas. Where spectator seating is provided at outdoor arenas, 15 no more than forty (40) percent of the seats shall be designated 16 as smoking seats; 17 J. Private residences when used as child care, day care, 18 health care, or other similar facilities. Board and care 19 facilities shall provide smoke free living quarters for non- 20 smoking boarders. 21 Notwithstanding any other provisions of this section, any 22 owner, operator, manager, or other person who controls any 23 establishment described in this section may declare that entire 24 establishment as a non-smoking establishment. 25 Section 10A.4. Regulation of Smoking in Places of 26 Employment. 27 A. Smoking is prohibited in any place of employment, 28 including, but no limited to, open office areas, shared offices 75c-~ 1 and private offices occupied by employees performing clerical, 2 technical, administrative or other business or work functions; 3 and, conference and meeting rooms, classrooms, auditoriums, 4 restrooms, medical facilities, hallways, and elevators; 5 B. The provisions of this Chapter shall be communicated 6 to all employees within three weeks of adoption of the ordinance 7 adopting this Chapter, and at least annually thereafter. 8 C. In places of employment, employers may provide 9 specific smoking areas for employees provided all of the 10 following conditions are met: 11 (1) The smoking area is provided with a heating, 12 ventilating, and air conditioning (HVAC) system designed such 13 that none of the air from the smoking area will be recirculated 14 into any other areas of the building or office; 15 (2) The smoking area is completely separated from the 16 remainder of the building by solid partitions or glazing without 17 openings other than doors, and all doors leading to the smoking 18 area shall be self-closing. The door shall be provided with a 19 gasket so installed as to provide a seal where the door meets 20 the stop on both sides and across the top; 21 (3) The smoking areas shall maintain a minimum 22 negative pressure of 0.005 inch water column relative to non- 23 smoking areas; 24 (4) The employer shall submit written verification 25 and test results to the city Manager or his/her designee 26 prepared by a licensed mechanical contractor or engineer that 27 the HVAC system has been designed and tested and meets the 28 requirements set forth in subsections (1) through (3) above; 8 fi '/0 1 (5) If the HVAC system is part of a smoke removal 2 system or pressurization system, any modifications to these 3 systems to provide smoking areas will require approval from 4 oceanside Fire Department. Written verification of this 5 approval shall be provided to the city Manager; 6 (6) If the specific smoking area is an employee break 7 room, lunch room, or other area which may be used by non-smoking 8 employees, then a separate non-smoking break room, lunch room or 9 other area shall be provided of equal or larger size and include 10 at least equal facilities. 11 Section 10A.5. Optional Smoking Areas. 12 Notwithstanding any other provisions of this Chapter to the 13 contrary, the following areas shall not be subject to the 14 smoking restrictions of this Chapter: 15 A. private residences, except that the smoking 16 restrictions of this Chapter shall apply during normal working 17 hours to any residence used as a place of employment. 18 B. Adult entertainment establishments. 19 C. Bars, except as provided otherwise in this Chapter: 20 D. Hotel and motel rooms rented to guests, provided, 21 however, that each hotel and motel designates not less than 22 fifty (50) percent of their guest rooms as non-smoking rooms and 23 removes ashtrays from these rooms; 24 E. Restaurants, hotel and motel conference or meeting 25 rooms, and public and private assembly rooms while these places 26 are being used solely for a private function: 27 F. Retail stores that deal exclusively in the sale of 28 tobacco and smoking paraphernalia. 9 5<:. "II 1 section 10A.6. posting Requirements. 2 A. "No smoking" signs with letters of not less than one 3 inch in height or the international "No Smoking" symbol 4 (consisting of a pictorial representation of a burning cigarette 5 enclosed in a red circle with a red bar across it) shall be 6 clearly, sufficiently, and conspicuously posted in every 7 building or other place where smoking is controlled by this 8 division, but the owner, operator, manager, or other person 9 having control of such building or other place. Where smoking 10 is permitted, a sign shall be placed which warns persons that 11 smoking is permitted in the establishment; 12 B. Every hotel or motel regulated by this division will 13 have posted at its entrance a sign clearly stating that no- 14 smoking rooms are available. 15 Section 10A.7. DELETED - DID NOT PASS... 16 17 18 19 20 21 A. No person, firm, association, or corporation in the 22 business of selling or otherwise distributing cigarettes or 23 other tobacco or smoking products for commercial purposes shall 24 in the course of such business distribute, or direct, authorize, 25 or permit any agent or employee to distribute, (1) any cigarette 26 or other tobacco or smoking product, including any smokeless 27 tobacco product, or (2) coupons, certificates, or other written 28 material which may be redeemed for tobacco products without 10 Sc ., /rJ 1 charge, to any person on any public street or sidewalk or in any 2 public park or playground or on any other public ground or in 3 any pubic building; 4 B. No agent or employee of any person, firm, association, 5 or corporation in the business of selling or otherwise 6 distributing cigarettes or tobacco or smoking products for 7 commercial purposes shall in the course of such business 8 distribute, (1) any cigarette or product, or (2) coupons, 9 certificates, or other written material which may be redeemed 10 for tobacco products without charge to any person on any public 11 street or sidewalk or in any public park or playground or on any 12 other public ground or in any public building; 13 c. For purposes of this section, "public ground" and 14 "public building" include sports arenas as defined in section 15 10A.l, and for any entertainment facility whether enclosed or 16 not, except a bar, for which a charge is made for admission, 17 whether publicly or privately owned. 18 section 10A.9. out of Package Sales. 19 No person shall sell or offer for sale cigarettes or 20 smokeless tobacco not in the original packaging provided by the 21 manufacturer. 22 Section 10A.10. Enforcement. 23 A. Administration of this chapter shall be by the city 24 Manager or his/her designee; 25 26 B. Any citizen who desires to register a complaint 27 hereunder may initiate enforcement consideration with the city 28 Manager or his/her designee; 11 5G-J:J 1 C. Any owner, manager, operator, or employer of any 2 establ ishment controlled by this division may inform persons 3 violating this division of the appropriate provisions thereof. 4 section 10A.11. Penalties. 5 A. Unless otherwise specifically provided to the 6 contrary, the violation of any provision of this Chapter by any 7 person who owns, manages, operates, or otherwise controls the 8 use of any premises subject to the restrictions of this section 9 is an offense punishable pursuant to section 1.7 of this Code; 10 B. It is unlawful for any person to smoke in any areas 11 restricted by the provisions of this section. violations of 12 this section is an offense punishable pursuant to Section 1.7 of 13 this Code. 14 section 10A.12. Nonretaliation. 15 No person or employer shall discharge, refuse to hire, or 16 in any manner retaliate against any employee or applicant for 17 employment because such employee or applicant exercises any 18 rights afforded by this division. violation of this section is 19 a misdemeanor punishable according to Section 1.7 of this Code. 20 Section 10A.13. other Applicable Laws. 21 This division shall not be interpreted or construed to 22 permit smoking where it is otherwise restricted by other 23 applicable laws. 24 section 10A.14. Severability. 25 If any provision or clause of this Chapter of the 26 application thereof to any person or circumstances is held to be 27 unconstitutional or to be otherwise invalid by any court of 28 competent juriSdiction, such invalidity shall not affect other 12 5c-11 1 provisions, clauses or applications thereof which can be 2 implemented without the invalid provision, or clause 3 application, and to this end the provisions and clauses of this 4 ordinance are declared to be severable. 5 SECTION 2. This ordinance shall be codified. 6 SECTION 3. The City Clerk of the City of Oceanside is 7 hereby directed to publish this ordinance once within fifteen 8 (15) days after its passage in the Blade-citizen, a newspaper of 9 general circulation published in the city of Oceanside. 10 SECTION 4. This ordinance shall take effect and be in 11 force on the thirtieth poth) day from and after its final . 12 passage. 13 PASSED, ADOPTED AND ORDERED PUBLISHED by the city Council 14 of the City of Oceanside, california, this day of 15 16 17 18 19 20 21 22 23 19__, by the following vote: AYES,: NAYS: ABSENT: ABSTAIN: ATTEST: Mayor, City of Oceanside APPROVED AS TO FORM: City Attorney City Clerk 24 Q:\RO\SIIOKING.ORD 25 26 27 28 13..5G" )~ \o~ ~" o(5~/ ~~ # ORDINANCE NO. ~ ~ AN ORDINANCE OF THE CITY O!~_~LA VISTA, CI~ REQUIRING RECOVERY OF CRI~AL JUSTICE ADMINISTRATION FEES IMPOS~~ BY SAN DIEGO COUNTY ~<vO The City Council of the City of Chula vista does ordain as follows: SECTION I: Government Code S29550.1 authorizes a city to recover any criminal justice administration fees imposed by a county on the city pursuant to Government Code S29550i and the County of San Diego has enacted an ordinance imposing criminal justice administration fees on the City of Chula vista in the amount of $154.00 pursuant to the authority of Government Code S29550. SECTION II: The City of Chula Vista disputes the amount of the criminal justice administration fee imposed pursuant to said ordinance, and has refused to pay said fee, pursuant to the authority of Government Code S907. SECTION III: Pursuant to the authority of Government Code S29550, the City Manager is authorized and directed to recover all criminal justice administration fees imposed on the City of Chula vista by the county of San Diego. SECTION IV: At such time as the dispute between the City of Chula vista and the county of San Diego as to the amount of the criminal justice administration fee is resolved, the city Manager or his designee shall seek recovery of all criminal justice administration fees as authorized by Government Code S29550.1 from any person arrested by officers of the city of Chula Vista and convicted of any criminal offense related to the arrest. SECTION V: The courts of San Diego County are hereby requested to order payment in the amount of $154.00 for the criminal justice administration fees, as authorized by Government Code S29550.1, by convicted persons at the time of entering judgment of conviction of any person arrested by officers of the City of Chula vista. Execution of the order for payment shall be made in the same manner as a judgment in a civil action. SECTION VI: The courts of San Diego County are hereby requested to imposed as a condition of probation in order that the convicted person reimburse the City of Chula Vista for criminal justice administration fees imposed on the city of Chula Vista by San Diego County in the amount of $154.00 as a result of the , ~-I arrest, booking and process of the convicted person. SECTION VII: Until such time as the disp~te between the City of Chula Vista and the County of San Diego aslto the amount of the criminal justice administration fee is resolvled, the courts of San Diego County are hereby requested to have I criminal justice administrative fees paid by convicted person in a trust account administered by the c~unty, the Court Admini trator, or the County AUditor, to be held fo~ the benefit of thos cities required to pay such fees to the Couhty. At such tim as the aforementioned dispute is resolved, said cities may reco er the amount of criminal justice administration fees previously aid into said trust fund, together with all interest accruing such fees and thereafter, all of such fees are to be collected the cities as prescribed in Government Code 1. SECTION VIII: This ord'nance shall be published once in the Chula Vista Star News", a wspaper of general circulation, printed and published in S~n ego County and circulated in the City of Chula Vista, within\ f fteen (15) days from and after its adoption and shall ake eft t and be enforced thirty (30) days after its adoption. nd ~r y Bruce M. Boogaard, ci F:\home\luomey\bookfees.ord I I / \ \ , ! 2 ~~ ~-Ca COUNCIL AGENDA STATEMENT ITEM TITLE: ~m y Me~~~Date 7 3 93 1'~lq3. .~ " O d. ';;'.h~ I R ~I?> R f" ,/~ ~/c." r ~nance e ~ng ecovery 0 Cr~m~nal ~1',~ Justice Administratio~ ees Imposed by San Diego countyo~ Resolution 171'i1i? Appropriating an Additional $3,855 for the Continuation of the Booking Fees Litigation City Attorney~~ } d7~-~ P J.... ? J;2t:/'l3 SUBMITTED BY: 4j5ths Vote: Yes X No Commencing July 1, 1992, under the auspices of a new state law, the County imposed a booking feel' of $176 per criminal defendant arrested by our police department. While we are protesting the amount of the fee and the authority to impose same in pending litigation, and reserve from general fund resources in the event of an adverse decision, the adoption of the attached ordinance would create a means, in the interim, of collecting it from criminal defendants booked through the system during the pendency of the litigation if it eventually proves unsuccessful. Therefore, this is a measure that will protect our general fund from a possibly significant drain on resources, and will cause it to be paid by those criminal defendants causing us to incur the possible liability. RECOMMENDATION: Place the attached ordinance on first reading and adopt it on second reading at the next permissible meet~ng. Adopt a resolution appropriating an additional $3,855 for the continuation of the pending litigation. Discussion: Reason for Proposinq the Attached Ordinance Pursuant to prior Council authorization, the city of Chula vista (as well as most other cities in the County) is currently suing the County over the implementation of booking fees. . 1. More technically administration fees. referred to as criminal justice ~ .-6-r Co --1 Under the state legislation,~ the County assumes authority to impose booking fees on cities for the booking and other processing of prisoners when they are turned over to the County by our arresting officers. In the litigation, the City is disputing the authority of the legislation permitting the County to impose booking fees and is furthermore disputing the manner in which the proposed booking fees have been calculated. The litigation, however, looks like it is going to be long and involved and if the City were to be unsuccessful, the City could have a large unfunded liability for the past booking fees that are now not being paid over to the County.~ To mitigate the risk of this liability, the city has set aside, since April 1, 1991, $404,707.00 into a special fund from our general fund. While this procedure protects against a sudden, large liability in the advent of an adverse rUling, it still constitutes a gradual drain on general fund resources. The attached ordinance mitigates even further the adverse risk of loss in the litigation by requesting that the courts require a person who is convicted as a result of the arrest or put on probation in lieu of conviction to pay, as a condition of their probation or fine, the booking fee that San Diego County is alleging is due them from the City. The money will be placed into a trust account managed by the Court, but we will get the credit for same as we authorize its payment to the County when the litigation is resolved. This is obviously an additional advantage to the City above and beyond the general fund set aside procedure we are currently implementing because we would be collecting it from the criminal defendant that is causing the fee to be incurred in the first place. Our general fund would be relieved of the burden to the extent we may be successful in collecting it from such criminal defendants. Appropriation for Pendinq Litiqation As you may recall, the Council has authorized the City's participation in a small "joint exercise of powers" committee 2. Government Code S29550 et seq. 3. Due to the adoption of the protest procedure, the City of Chula vista has been withholding payment pending the outcome of the litigation. This is a procedure sanctioned by the provisions of the Government Code S907. / ~ ~ G-"2. ("JEPC") to conduct and manage this particular litigation against the County. The committee is composed of four city attorneys (including the Chula Vista City Attorney) and two city managers (including the Chula vista City Manager) and reports to the City Attorneys Association. Many cities allover the state sued their respective counties, and all of the litigation was consolidated in a Sacramento Court. In our particular litigation, the JEPC retained the services of Libby Silver, Esq. of Meyers, Nave, Riback and Silver, to. represent the various participating cities, and the costs are being shared in proportion to the number of bookings each has had. . The JEPC originally appropriated $50,000 for the litigation, and our respective share was $3,855, the same as now. The JEPC has now spent almost all of the original appropriation, and it is the recommendation of the Executive Committee and of this author that the JEPC appropriate an additional $50,000, our contributive share of which would be $3,500 additional. This is very cost effective litigation. In addition, the City Attorney desires to take the Council into closed session to advise them regarding the progress of the litigation and request authorization to commence negotiations for a settlement. Fiscal Impact: The general fund will be relieved of having to pay the booking fees to the extent the Courts may agree to, and be successful in, collecting same from the criminal defendant which required the booking in the first instance. The success rate is unknown, but assuming it may be 60% successful, in an average year, and an average years bookings costs us about $300,000, the general fund would be relieved of a $180,000 expenditure to the County. P:\bome\attomey\BooU ~ ..v::r ~-3 TInS PAGE BlANK ~ ~-~ ORDINANCE NO. ,2~:1 AN ORDINANCE AMENDING SCHEDULE X, SECTION r?i.\O~ 10.48.050 OF THE CHULA VISTA MUNICIPAL CODE _ ~ ~QO DECREASING STATE LAW MAXIMUM SPEED LIMIT~,d~ CERTAIN AREAS - EAST H STREET EAST OF E~~~E DRIVE, MOUNT MIGUEL ROAD AND PRO~JSRl-'"VALLEY ROAD ';Jr,CP WHEREAS, staff has conducted a Traffic Study on East H Street east of EastLake Drive, Mount Miguel Road and Proctor Valley Road as required by state law; and WHEREAS, the study consisted of an analysis of speed patterns, roadway characteristics, traffic volumes and accident history and based on these analyses and in the interest of minimizing traffic hazards and congestion and for the purpose of the promotion of public safety, the City Engineer is recommending that the speed limits be decreased as set forth hereinbelow. NOW, THEREFORE, the City Council of the City of Chula vista does ordain as follows: . SECTION I: That Schedule X of Section 10.48.050 of the Chula vista Municipal Code, Decreasing State Law Maximum Speed Limits in Certain Areas, is hereby amended to include the following changes: SCHEDULE X - DECREASING STATE LAW MAXIMUM SPEED LIMITS IN CERTAIN AREAS Proposed Name of Street Beginning At Ending At Speed Limit East H Street EastLake Drive Mount Miguel Road 45 Mount Miguel Road Proctor Valley Road South End 35 Proctor Valley Road City Limits Mount Miguel Road 30 SECTION II: This full force on the thirtieth Presented by John P. Lippitt, Director of Public Works P:\bome\au.om~'1036.93 .7-1 TInS PAGE BlANK ~ -p/~~ , ,.1"2- I:{ ~~o ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT . Ite~"'" M....~ate 7f /93 -'/'2-,}<=12:, S)OVT'<" - Ordinance .l.5't. J Amending ~c~lr X, Section 10.48.050 of the Chula Vista Municipal Co~~ l>S)~reasing State Law Maximum Speed Limits in Certain A.!~. \'>B'ist H Street east of EastLake Drive, Mount Miguel Road ~t.~Ctor Valley Road Director of Public Wor~ ~ City ManagerJc:t ~ ~ (4/5ths Vote: Yes_No X) East H Street east of EastLake Drive is a 4-lane major arterial. Mount Miguel Road and Proctor Valley Road are each Class IT collector streets. Since these streets do not have any fronting businesses or residences, the unposted prima facia speed limit is 55 mph. Based on recent traffic surveys, including speed surveys and a study of the roadway geometrics, and in the interest of public safety, the City Engineer is recommending that East H Street, east of EastLake Drive be posted at 45 mph, Mount Miguel Road be posted at 35 mph and Proctor Valley Road be posted at 30 mph. RECOMMENDATION: That the City Council place the subject ordinance on first reading. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, on June 10, 1993, voted 6-0-1, Chidester absent, to concur with staff to recommend that City Council adopt an ordinance establishing speed limits on East H Street, east of EastLake Drive, Mount Miguel Road and Proctor Valley Road. DISCUSSION: Staff has conducted a Traffic Study for the subject locations in accordance with provisions in the California Vehicle Code. The study consisted of an analysis of speed patterns, roadway characteristics, traffic volumes and accident history. Based on these analyses and in the interest of minimizing traffic hazards and congestion and for the purpose of the promotion of public safety, the City Engineer is recommending that the subject locations be posted as shown in the following table: Proposed Name of Street Beginning At Ending At Speed Limit East H Street EastLake Drive Mount Miguel Road 45 Mount Miguel Road Proctor Valley Road South End 35 Proctor Valley Road City Limits Mount Miguel Road 30 ~ ,-I Page 2, Item Meeting Date 7 East H Street - between EastLake Drive and Mount Milrue1 Road East H Street east of EastLake Drive is a 4-lane major arterial which has been unofficially posted by the contractor with a speed limit of 45 mph. A traffic and engineering study, as required by State Law, was conducted by staff and it revealed that the 85th percentile speed on East H Street between EastLake Drive and Mount Miguel Road is 46 mph. The horizontal alignment of East "H" Street has a curve with a minimum 2,000 ft. centerline radius. The design speed for this horizontal curve is over 60 mph. The vertical alignment has a grade change of 8.5% over a 1,000 ft. length vertical curve. The vertical alignment design speed is 55 mph. Traffic counts completed by staff show an Average Daily Traffic (ADT) count of 1,220 vehicles per day. At buildout, traffic volumes are expected to increase to approximately 45,000 vehicles per day. Since the roadway has only been open for a short period of time, there have been no reported traffic accidents within this segment. There are no residential homes fronting on this street. Based on the results of the speed survey, it has been determined that the speed limit shall be established at 45 mph. Mount Milruel Road - between Proctor Vallev Road and the south end Mount Miguel Road is a 2-lane collector street which does not have a posted speed limit. A traffic and engineering study, as required, by State Law, was conducted by staff and it revealed that the 85th percentile speed on Mount Miguel is 39 mph northbound and 37 mph southbound (38 mph average) between Proctor Valley Road and the north City limits. The horizontal alignment of Mount Miguel Road is tangent, there are no curves. The vertical alignment has a 2.3% grade change which has a design speed of 45 mph. Traffic counts completed by staff show an ADT of 668 vehicles per day. A review of the accident history shows no reported traffic accidents on this roadway. There are no residential homes fronting on this street. Based on the results of the speed survey, it has been determined that the speed limit shall be posted at 35 mph. Proctor Vallev Road - between City Limits and Mount Mil!l1el Road Proctor Valley Road is a 2-lane collector street which does not have a posted speed limit. A traffic and engineering study, as required by State Law, was conducted by staff and it revealed that the 85th percentile speed on Proctor Valley Road between Mount Miguel Road and the City limits, is 45 mph. The horizontal alignment of Proctor Valley Road has a short radius I curve with a 500 ft. centerline radius. The desigj1 speed for this curve is less than 40 mph. The vertical alignment has a grade change of 9.9<)(0 over a 300 ft. length vertical curve. The vertical alignment design speed is 30 mph. Traffic counts completed by staff show an ADT of 668 vehicles per day. A review of the accident history for this roadway shows no reported traffic accidents. The adjacent land use is residential, but there are no homes fronting Proctor Valley Road. Based on the above mentioned vertical alignment, design speed of 30 mph, it has been determined that the speed limit shall be established at 30 mph. ~ 1-2- . . r Page 3, Item / , Meeting Date~ "/~.,I.,:!. CONCLUSION: Based on the above, it is staff's recommendation that the City Council adopt an ordinance establishing speed limits on: East H Street, east of EastLake Drive, Mount Miguel Road and Proctor Valley Road as shown on the table. FISCAL IMPACT: $300 for speed limit signs. Attachments: 3 Area Plats 3 Engineering/Traffic Surveys Excerpt Safety Commission minutes dates 6/10/93 File No.: CY.fJ27 WPC F:\bomc\cnginccr\agcnda\lpcedlaw.ord ~ (-~ I "'-. \...~ROCTOR VALLEY ROAD --"""oVA.... ..... IT."T" _ _ _ _ _ _ .- "........ ' .. .-\ I - J '-- \ I I . ~ I I' J ~/' V '.'''tT-~ iAIN I 0 7' -1:, \\ JAW I ~~ J1 i~..J,Y^", '<Zi I r ,I:" V\'~ ;:\ I-L.t OLLI I ~ I"~~ \ \ ~\..... ~ '--! '--~ i/::::f::.~t- ! 'x.;1 ~ \ 3: -~,--~,...............: ~ .... r - "~~ t=--; =-:; ~ ---:::::; '~Ir~ . N ........... r- - ~l--.r- ~ ..L~~ .-19..) " "=:r ~~ ~' ,!--i' -" cJ \, , \ ~ )\ \ \\ '~.\ \. \\.,\~ ...:: - \ "............... " " \ ,- .,. " \. ....~"; 'i'"'\-- ~ ~\ \\ ""Q-' I .~~ ~ 19 -;, \..: .... 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" " I " \ \ I \ 1 \" \ PLAT - - TIT L E --------- -- AR~" OAT E 4-20 93 ----- - -- -tr '7 1-,-\ SPEED LIMIT -- ENGINEERING/TRAFFIC SURVEY: STREET: East "H" Street LIMITS: Eastlake Drive - Mount Miguel Road Existing Posted Speed Limit: 45 MPH *See below SUMMARY OF SPEED SURVEYS Segment: Eastlake Drive - Mount Mi~uel Road Date Taken: 4/13/93 Number Vehicles on Sample: 50 85th Percentile Speed: 46 Range of Speeds Recorded: 35 - 52 ROADWAY CHARACTERISTICS Width 57'-88' roadway Horizontal Alignment Vertical Alignment + 4-16' Rmin - -3.477% median / feet 2,000' to 5.08% Number of lanes for both directions 4 over 1,000' V.C. design speed - 55 MPH TRAFFIC CHARACTERISTICS Average Daily Traffic On-Street Parking 1,220 Not allowed. Special Conditions Adiacent land use is residential. Temporary median opening for access to private road for Salt Creek model homes. Accident History The accident rate in this segment is lower than the average (2.83) for similar roadways in the State of California. SURVEY RESULTS Study was Prepared by Susan Vandrew Date 4/16/93 Recommendation *Establish 45 MPH speed limit due to speed survey. Per CVC 40803. Survey Expires: 4/13/98 Date recommendation approved:___6/30/93 By ~,.,,~( ;~- x. R~ Approved speed limit: 45 MPH ~ 1-5 r- - - . . . ,. . . . . .~tt "7\ -:l o~' ~// ~ ~"'..-I ' m/.$ ~Mi:q: ~. ~. {"'.....- Q- - i~ ~z. .. ~ ," 7'..:0: ~~ "N ~~ 7 5--C~ fr~ ~~:Jj D/ih, ~(// VT DR <\WH BY '. " s.v. ~--- ------- DATE _ _ _ _ _ !-20-93 ---- \ TIT L E -2' Q-A REA ,-6 ' \ PLAT STREET: LIMITS: SPEED LIMIT -- ENGINEERING/TRAFFIC SURVEY: Mount Mi~uel Road Proctor Valley Road to aouth end Existing Posted Speed Limit: unpoated MPH SUMMARY OF SPEED SURVEYS Segment: Date Taken: Number Vehicles on Sample: 85th Percentile Speed: Range of Speeds Recorded: ROADWAY CHARACTERISTICS Width 51 - 63' Horizontal Alignment Vertical Alignment TRAFFIC CHARACTERISTICS Average Daily Traffic On-Street Parking '" See below Proctor Valley Road to CVCL 4/19/93 '" 391 (NB) 276 (SB) 39 37 o - 45+ 0 - 45+ NB . northbound SB . southbound "'data obtained with traffic counters. feet Number of lanes for both directions 2 tangent +1.31% to -1.0% over 150' V.C. desi2n sneed - 45 MPH 668 not allowed Special Conditions bike lanes on both sides of roadwav with uainted median. adiacent land use is residential. Accident History The accident rate in this se2ment is lower than the avera2e (2.48 per million vehicle miles)for similar roadways in the State of California. SURVEY RESULTS Study was Prepared by Susan Vandrew Date 6/29/93 Recommendation "'Establish 35 MPH due to speed survey 4/19/98 Date recommendation approved: 6/30/93 By r.....4..~'~" X. R~ Approved speed limit: 35 MPH Per CVC 40803, Survey Expires: ~ I-I :~ d\... ~ vm.....~ ~IY ~{ fA" 11 ~ T I I I Tl' 1-: rTT 1 / /YI ' (\~ . /'1\( . ,t. e. .,' ---J 'j ~ HU'H 'In." '//]~"'~ I ~ 11 \ i' I ~ -~ I \ J y,'<^- J....... ; <</ · '1j,~1 I I \lV- \'y~ ~. '5!~F'I:X~ \~f \_. \\~\ ~ I . '-- c t::::::r- f", : \ -' .~ ~ ,__:_'--:- ~ -.I ;;;;;; ~ ~)-: : _.;, ~~ ," . '- _I-- _ ~~ _ 1.. ) :;:;0 1,\,';" 10-.,--' "",-<L-- _"'r- ~ ,\ ..... ........ \ \. \\.., ....:= .. \\ \, ,...."... ,:1 " ,\ ,........' , - {: \\ ,t' ~ l ..-{\ ~ \~:- ~ --' ~ : \"'"' .->0;( \ ',~~. ~ \ . ...J \~......-..-.. \" ~', l.I 1_- .. \ 1/ ;-, I ---:1 - II ,r-- - '""" ......, I .-::...,.....-........ -!' J ., ,-' ' \l--i .\ \.-:~.. ;~ ~\ ~ I, " II \ \ \ I ~ ~=::: : \ \ ~ I \ ~ t I " )\,.~ V \ ",,, ,...::~ ) ;' ........." --.....J t"....... .... \ ...-- I .- ," \ .... 51. . \ \ ('........ ----, \ \ \, )~ .J.- \ \ ........... I \ 1-' ~ ~J I . I I \~--.. . , \ 1..1 : I \ ........___ I. __' I? "-.. :~ / "-..~ ~ ~ . "". / ~;~~, I~ ~ ..' .. ~ 3q~> I~" '--/;q .. /~ ~~ ~ ".~~'{, '\. I~f /~' J~, ~ '"V ,~ 19'~ " ~' ~~y "\ ~. .v ,,' ~ > \ ~.. ,. -. ", )" , " .+'_ 'I: ~ !~.i"" ..." ,i'\ "::,J "1 I:=-J~.,.- ....* . ~, ._a!..l '" ,~~'... 7." : _,. )SO : '~ '~ E"{) ~'r7) Ii/VI: 'i9Y : fl; lr/] . . . DATE 4-20-93 TIT L E ~AREA PLAT ,~~ . DRoIIWN BY S.v. --------- - --- - ---- SPEED LIMIT -- ENGINEERING/TRAFFIC SURVEY: STREET: LIMITS: Proctor Valley Road City limits - Mount Miguel Road Existing Posted Speed Limit: unoosted MPH SUMMARY OF SPEED SURVEYS "'See below. Segment: Date Taken: Number Vehicles on Sample: 85th Percentile Speed: Range of Speeds Recorded: City limits - Mount Mi2uel Road 4/14/93 50 45 22 - 49 ROADWAY CHARACTERISTICS Width 64' Horizontal Alignment Vertical Alignment feet Number of lanes for both directions Rmin. - 500' 11.9% to 2.0% over 300' V.C. desiRn soeed - 30 MPH 2 TRAFFIC CHARACTERISTICS Average Daily Traffic On-Street Parking 668 Not allowed. Special Conditions Adiacent land use is residential. Bike lane. Painted median. Accident History The accident rate in this seRment is lower then the averaRe (2.48 per million vehicle miles) for similar roadways in the State of California. SURVEY RESULTS Study was Prepared by Susan Vandrew Date 6/29/93 Recommendation "'Establish 30 MPH due to design speed. Per CVC 40803. Survey Expires: 4/14/98 Date recommendation approved: 6/30/93 X. e.v-UlP-- By ~#,.c:<.:,..~ Approved speed limit: 30 MPH ~ I-~ MINUTES OF A REGULAR MEETING OF THE CHULA VISTA SAFETY COMMISSION Thursday, June 10, 1993 7:04 p.m. Council Chambers Public Services Buildin!, CALL TO ORDER 1. Roll Call: Present: Chair Thomas, Vice Chair Padilla, Commissioners Braden, Koester, Matacia, and Pills Excused Absence: Commissioner Chidester Also Present: Harold Rosenberg, Traffic Engineer; Frank Rivera, Associate Traffic Engineer; Shirley Buxton, Recording Secretary 2. Pledee of Alleeiance/Silent Praver 3. Aooroval of Minutes August 13, 1992; March 11, 1993, May 13, 1993 MSC (Koester/Matacia) to approve the following sets of Minutes: August 13, 1992 approved 4-0.1.2 with Commissioner Chidester absent and Chair Thomas and Commissioner Braden abstaining; March 11, 1993 approved 4-0.1.2 with Commissioner Chidester absent and Commissioners Braden and Pitts abstaining; and May 13, 1993 approved 5.0.1.1 with Commissioner Chidester absent and Vice Chair Padilla abstaining. 4. Soecial Orders of the Dav: a) Photo Session of 1992-93 Commissioners MEETING AGENDA S. REPORT. Speed Limits on Various Streets (East H Street east of Eastlake Drive, Mount Miguel Road, and Proctor Valley Road Frank Rivera presented staff's report. MSC (Koester/Braden) to recommend to the City Council to adopt an ordinance establishing speed limits on East H Street east of Eastlake Drive, Mount Miguel Road and Proctor Valley Road as shown on the following table. Approved 6-0-1 with Commissioner Chidester absent. Proposed Speed Name of Street Beginning At Ending At Limit East H Street EastLake Drive Mount Miguel Road 4S Mount Miguel Road Proctor Valley Road South End 35 Proctor Valley Road City Limits Mount Miguel Road 30 6. ORAL COMMUNICATlONS- Heather Ann Morrison, Francis Parker High School, said she had worked as an intern with the Traffj- Engineering section for her senior project. She gave a slide presentation of her project and presented it to th Commission. ~/~ UNOFFICIAL MINUTES '""'1-10 COUNCIL AGENDA STATEMENT r Item Meeting Date 07/27/93 ITEM TITLE: a) RESOLUTION 17/7' Approving agreement between the City of Chula Vista and Woodlawn Park Community Center and authorizing the Mayor to execute said agreement RESOLUTION 1'1/ J'11 Approving agreement between the City of Chula Vista and South County Council on Aging (Shared Housing) and authorizing the Mayor to execute said agreement RESOLUTION I? J (I Approving agreement between the City of Chula Vista and Fair Housing Council of San Diego and authorizing the Mayor to execute said agreement RESOLUTION J 7 J ('2 Approving agreement between the City of Chula Vista and Center for Women's Studies and Services (Project Safehouse) and authorizing the Mayor to execute said agreement b) c) d) e) RESOLUTION 1'14 ;]Approving agreement between the City of Chula Vista and Episcopal Community Services (Otay Community Clinic) and authorizing the Mayor to execute said agreement RESOLUTION 11/ 8''1 Approving agreement between the City of Chula Vista and Boys and Girls Club of Chula Vista (Education Enhancement) and authorizing the Mayor to execute said agreement RESOLUTION 17/1'5 Approving agreement between the City ofChula Vista and Community Service Center for the Disabled and authorizing the Mayor to execute said agreement 1) g) h) RESOLUTION 17/ Y(' Approving agreement between the City of Chula Vista and AIDS Foundation San Diego and authorizing the Mayor to execute said agreement RESOLUTION I? /8' 7 Approving agreement between the City of Chula Vista and YWCA of San Diego County (Men's Counseling) and authorizing the Mayor to execute said agreement RESOLUTION I '1 J 8'(' Approving agreement between the City of Chula Vista and YMCA of Metropolitan San Diego County (YMCA Family Stress Center) and authorizing the Mayor to execute said agreement RESOLUTION /71 sf1 Approving agreement between the City of Chula Vista and YMCA of Metropolitan San Diego County (South Bay Family YMCA Sunshine Company) and authorizing the Mayor to execute said agreement RESOLUTION I? J 9() Approving agreement between the City of Chula Vista and YMCA of Metropolitan San Diego County (South Bay Family YMCA Summer Day Camp) and authorizing the Mayor to execute said agreement m) RESOLUTION J 'J J' J Approving agreement between the City of Chula Vista and YMCA of Metropolitan San Diego County (Chula Vista Human Services Council) and authorizing the Mayor to execute said agreement i) j) k) 1) y,/ Page 2, Item Meeting Date 07/27/93 y n) RESOLUTION 1 '1 J" ~ Approving agreement between the City of Chula Vista and Lutheran Social Services Southern California Project Hand) and authorizing the Mayor to execute said agreement 0) RESOLUTION 171')3 Approving agreement between the City of Chula Vista and Adult Protective Services (South Bay Adult Day Health Center) and authorizing the Mayor to execute said agreement p) RESOLUTION J 719~APproving agreement between the City of Chula Vista and Senior Adult Services (Meals on Wheels) and authorizing the Mayor to execute said agreement q) RESOLUTION 1'1195 Approving agreement between the City of Chula Vista and Jobs for Youth and authorizing the Mayor to execute said agreement r) RESOLUTION 17 J I)" Approving agreement between the City of Chula Vista and South Bay Community Services (Casa Nuestra) and authorizing the Mayor to execute said agreement s) RESOLUTION 17 J , ? Approving agreement between the City of Chula Vista and South Bay Community Services (Graffiti Eradication) and authorizing the Mayor to execute said agreement t) RESOLUTION 1711 Y Approving agreement between the City of Chula Vista and South Bay Community Services (Intervention Team) and authorizing the Mayor to execute said agreement u) RESOLUTION J 719'/ Approving agreement between the City of Chula Vista and South Bay Community Services (Community Development Program) and authorizing the Mayor to execute said agreement v) RESOLUTION 1 ?Gt'4pproving agreement between the City of Chula Vista and MAAC Project (Emergency Food Program) and authorizing the Mayor to execute said agreement SUBMITTED BY: Community Development Director t5>. REVIEWED BY: City Manager-JC:t P(j ~ (4/5ths Vote: Yes No X) BACKGROUND: On May 18, 1993, the City Council approved $255,000 of CDBG funds to 22 social service programs and $96,600 for three community development programs and $53,000 to the Fair Housing Council and Human Services Council programs. The U.S. Housing and Urban Development Department (HUD) requires a written agreement between the City and each sub-recipient of CDBG funds. RECOMMENDATION: That the City Council adopt the resolutions approving agreements with the social service, community development and fair housing organizations; and, authorize the Mayor to execute the agreements. BOARDS/COMMISSIONS RECOMMENDATION: The Commission on Aging, the Youth Commission, and the Human Relations Commission made ~'.1 Page 3, Item Meeting Date 07/27/93 ~ funding recommendations in April 1992 which were considered by Council in approving the CDBG budget on May 18, 1993. DISCUSSION: The contracts between the City and the subgrantees cover the period from July 1, 1993 to June 30, 1994. Each contract agreement has several exhibits attached which are incorporated into the agreements. The exhibits are as follows: Exhibit A: The Statement of Work and Performances Schedule describes the services the agency will be providing and the estimated number of people who will be provided each of these services each month. This performance schedule will be used to monitor each agency's progress in completing the scope of work. Exhibit B: The Itemized Budget shows exactly how the agency intends to expend the CDBG funds. This itemized budget will be used to monitor expenditures through the year. Exhibit C: City of Chula Vista Party Disclosure Form Exhibit D: The HUD Income Limits for the San Diego Standard Metropolitan Statistical Area (revised May 1992) will be used to determine the number of low income households/persons served. Each program is required to serve a minimum of 70 percent low-income persons/household. The contract agreements are with the following organizations for the purpose and amount stated: Woodlawn Park Community Center to provide social and recreational activities for youth and senior citizens $22,000 South County Council on Aging to provide a Shared Housing service, matching senior citizens or disabled persons with households with extra bedrooms(s). $15,000 Pair Housing Council of San Diego to provide fair housing education and outreach, fair housing assessment, and tenant/landlord counseling $29,000 Episcopal Community Services Otay Community Clinic to provide health education and outreach $10,000 Center for Women's Studies and Services, Project Safehouse to provide emergency shelter and case management $5,000 Boys and Girls Club of Chula Vista, Education Enhancement to provide afterschool program for students who need special help with school work $10,000 8"~~ Page 4, Item 1 Meeting Date 07/27/93 Community Service Center for the Disabled to provide client services for disabled persons including the Chula Vista job club. $9,000 AIDS Foundation San Diego to provide case management services and transportation to persons with AIDS/HIV $4,000 YMCA of Metropolitan San Diego County to provide services to abused children and their families at the YMCA Family Stress Center $20,000 YMCA of Metropolitan San Diego County, Sunshine Company Childcare program to provide after school childcare for school age children at 4 school sites 17 ,000 YMCA of Metropolitan San Diego County, Summer Day Camp to provide a summer activity program for youth $6,000 YMCA of Metropolitan San Diego County, Human Services Council for resource development and coalition building activities $24,000 YWCA of San Diego County, Mens Counseling to provide group therapy for perpetrators of domestic violence $5,000 Lutheran Social Services of Southern California, Project Hand to provide emergency services and counseling for homeless families $14,000 Adult Protective Services to provide a comprehensive day program for frail elderly at the South Bay Adult Health Center $9,000 Senior Adult Services, Meals on Wheels program to provide meals to homebound elderly and disabled $7,500 Jobs for Youth Program to provide part-time employment opportunities for youth $3,100 South Bay Community Services, Casa Nuestra to provide shelter and supervision for homeless and runaway youth and family counseling services $15,000 South Bay Community Services/Chula Vista Police Department Intervention Team to provide counseling services for families involved in domestic violence $15,000 South Bay Community Services to undertake graffiti eradication for neighborhood revitalization $33,600 South Bay Community Services to undertake community development activities, including affordable housing development and preservation $48,000 MAAC Project to distribute emergency food to needy families and individuals at the Otay Community Center $ 7,500 In addition, the Community Development Department will draft and execute Memorandums of Understanding with other City departments which are utilizing CDBG funds, These include the Library's Chula Vista Literacy Team ($40,900), Building and Housing's Community Appearance Program ($15,000), and the Police Department's PAL ($14,000) and CAST ($6,000) programs. 8"i Page 5, Item Meeting Date 07/27/93 r The City Council approved $29,000 of funding for the Fair Housing Council of San Diego to implement a comprehensive fair housing program in the city, as required by CDBG regulations. The Council approved $24,000 of funding for the Chula Vista Human Services Council; their allocation was increased by $4,000 over the last year as replacement for funds formerly provide out of the promotions budget. FISCAL IMPACT: These contracts, totaling $328,700, will be funded out of the City's 1993- 94 CDBG entitlement of $1.664 million. In the remote event that HUD should withdraw the City's CDBG funding, the contracts provide that the City is not obligated to compensate the subgrantees for program expenditures. [C:\WP51 \HARRIS\CDBG.CON] [C:WP51ICOUNClLI113SICDBG-94.113] ~"5 RESOLUTION NO. /717'1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WOODLAWN PARK CIVIC LEAGUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the tirneframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on file in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by B~OO~ ~ City Attorney 8"/1--/ /SIl ~dL Chris Salomone Community Development Director WPC F:\HOME\COMMDEV\1132.93, 1131.93 C\.\~ E> AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF WOODLAWN PARK CIVIC LEAGUE IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Woodlawn Park Civic League, a non-profit organization ("Grantee"), and is made with reference to the following facts: REC!TAL~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this agreement shall be for a period of one (1) year, from July I, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income ReQuirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons WPC F:lHOME'COMMDEV\1086.93 & 1087.93 0'/13 Page 1 provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Woodlawn Park Community Center on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $22,000 (Twenty-Two Thousand Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (0 number of female-headed households served. ([/1-1( Page 2 WPC F:\HOMFCOMMDEV\1086.93 & 1087.93 7. Assignment. The services of Woodlawn Park Civic League are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fmancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Woodlawn Park Civic League, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " 11. Other Program Requirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. 6/1 / ~ Page 3 WI't: F:\HOME'CQMMDEV\l086.93 & 1087.93 15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the. services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. SUsPension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. WPC F:\HOME'COMMDEV\1086.93 & 1087.93 g'/l ~ Page 4 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney WOODLAWN PARK CIVIC LEAGUE BY&>l~r~~J2~o~ Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure Statement , iT SCANNED WPC F:\HOME'COMMDEV\1086.93 &. 1087.93 ~/J ~-7 Page 5 WOODLAWN PARK COMMUNITY CENTER SCOPE OF WORK AND PERFORMANCE SCHEDULE EXHIBIT A The Woodlawn Park Community Center will serve 950 persons by offering the following programs in 1993-94: Summertime Youth Program Senior Luncheon Program Thanksgiving Luncheon Christmas Luncheon Youth Drop-in Activity Program Cultural Activities for Seniors Emergency food and clothing July and August every Monday November December Year-round Once a month Year-round o/l-~ - ( l ("'< :; J EXHIBIT B WOODLAWN PARK COMMUNITY CENTER REVISED BUDGET 93/94 SUPPLIES $ 2,100.00 UTILITIES 3,200.00 NSURANCE 9,000.00 TRANSPORTATION 2,400.00 Other 5,300.00 Youth Activities $2,300.00 Health Permit 300.00 Vehicle Registration 200.00 Space Rental (For Thanksgiving Luncheon) 300.00 Postage & Printing 250.00 Repair & ." Maintenance .., . 1,200.00 Gasoline & Oil 750.00 (For project vehicles) Total Budget. , ,.$22,000.00 '6'/J - / outhern 'california etropolitan Areas naheim-santa Ana PMSA orange county) akersfield MSA Kern county) os Angeles-Long Beach PMSA Los Angeles County) .xnard-Ventura PMSA Ventura county) .iverside-san Bernardino PMSA Riverside-san Bernardino :ounties) :.an-:D.f,e. gO)(~!1:fl.~. ',..1r.I>1:i'''';;<.....l)Ufit .' ,5'\.11.", ...~~~"""'''',.y.iJ! :~,ll'..;:....z~!i~!~~.:.:J~;lj :anta Barbara-santa Maria-Lompoc ISA (Santa Barbara county) :outhern california lon-Metro counties :mperial County :nyo County 10no county 3an Luis Obispo county FY '93 Median Family Income -----------------------------INCOME LIMITS---------------------l:~\i}~}J[-_~ 1 Per $56,500 -LoW-Income 27,800 Very Low-Income 19,800 $35,000 Low-Income 20,150 Very Low-Income 12,600 $43,000 LOW-Income 27,050 Very Low-Income 16,900 $55,200 -Low-Income 27,800 Very Low-Income 19,300 $41,100 Low-Income 23,000 very Low-Income 14,400 2 Per 31,750 22,600 23,050 14,400 30,900 19,300 31,750 22,100 26,300 16,450 3 Per 35,750 25,400 25,900 16,200 34,800 21,750 35,750 24,850 29,600 18,500 4 Per 39,700 28,250 28,800 18,000 38,650 24,150 39,700 27,600 32,900 20,550 5 Per 42,900 30,500 31,100 19,450 41,750 26,100 42,900 29,800 35,500 22,200 6 Per 46,050 32,750 33,400 20,900 44,800 28,000 46,050 32,000 38, 150 23,850 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 8 Per 52,400 37,300 38,000 23,750 51,000 31,900 52,400 36,450 43,400 27,150 \; .$43,900. .Low-Income 24,600 28i100 31,600. 35,100 '37,95'040,,J59!&\{3)550j&1.1g~~!i;Qf' _.c....., ,.... ..>> 'very" Low-Income 15,350' 17, 550 :"19 ; 750'" 21 i 950 23,7 00 ..~. 25{45 0'''~27''1'20'Of!fr.:2 8')'95'0" $45,500 $27,700 $33,600 $39,600 $40,900 LOW-Income 25,500 Very LOW-Income 15,950 LOW-Income 19,200 Very LOW-Income 12,000 Low-Income 20,200 Very-Low Income 12,650 Low-Income 22,200 very LOW-Income 13,850 LOW-Income 22,900 Very LOW-Income 14,300 29,100 18,200 21,950 13,700 23,100 14,450 25,350 15,850 26,200 16,350 32,750 20,450 24,700 15,450 26,000 16,250 28,500 17,800 29,450 18,400 36,400 22,750 27,450 17,150 28,900 18,050 31,700 19,800 32,700 20,450 'Low-Income Limit subject to the national median family income level of $39,700. ~OTEl CALIFORNIA MEDIAN ~'AMILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. ~ ~ ~ 39,300 24,550 29,650 18,500 31,200 19,500 34,200 21,400 35,350 22,100 42,200 26,400 31,850 19,900 33,500 20,950 36,750 22,950 37,950 23,700 45,150 28,200 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 48,050 30,050 36,200 22,650 38,100 23,850 41,800 26,150 43,200 27,000 RESOLUTION NO. J 7J~() RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH COUNTY COUNCIL ON AGING AND AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the tirneframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on file in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by Bru,,1:,g~ ~ rity Attorney gS-I!g;3-J Chris Salomone Community Development Director WPC F:\HOME\COMMDEV\1132.93, 1131.93 ]) THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. SOUTH COUNTY COUNCIL ON AGING SHARED HOUSING 2. If any person identified pursuant to (I) above is a corporation or partnership, list the names of all individu.als owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. NONE 3. If any person identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. Anita Hernandez-President Shere Mann - Secretary Dorothy Showman- Treasurer Phone Phone- Phone- 475-2393 426-1617 427-9288 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. MRxinp- WhittinQton (Director) 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No....I....- If yes, state which Councilmember(s): Person is defined as: "Any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate. trust, receiver, syndicate. this and any other county, city and country. city, municipality. district or other political subdivision, or any other group or combination acting as a unit. or (NOTE: Attach additional pages as necessary) Date: July -7, 1993 ~/~,)~ Si ature of contractor/appIican Maxine Whittington Print or type name of contractor/applicant [C:I WP51ICOUNCILID1SCLOSE.TXT] () [] -;5 (Revised: 11130190] AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH COUNTY COUNCIL ON AGING IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and South County Council on Aging, a non-profit organization' ("Grantee"), and is made with reference to the following facts: REC!TAL~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW; THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement The term of this agreement shall be for a period of one (1) year, from July I, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons WPC F:\HOME'CQMMDEV\1086.93 & 1087.93 s8~i Page 1 provided services shall be of low income, as detennined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto. and incorporated herein (Exhibit C). Grantee shall use reasonable means to detennine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for Shared Housing on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $15,000 (Fifteen Thousand Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to tenninate this Agreement and terminate funding thereof to the date of such tennination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households serVed during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (t) number of female-headed households Served. WPC F:\HOME'COMMDEV\1086.93 & 1087.93 '6f] ~ Page 2 7. Assignment. The services of South County Council on Aging are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fmancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of South County Council on Aging, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " 11. Other Program Requirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regnlations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply. to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Relicious Organizations. If the Grantee is a religious entity, affIliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the BUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC F:'JIOME\COMMDEV\1086.93 & 1087.93 c;! {3 -b Page 3 15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Haml1ess. Grantee shall defend, indemnify and hold hannless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequ~nt declaration by the Grantee. 19. Suspension and Termination. In a<<cordance with HOD regulation 24 CPR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be teIDlinated for convenience in accordance with 24 CPR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. WPC F:\HOME'COMMDEV\1086.93 &: 1087.93 fslJ ~ 7 Page 4 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of COBG funds, including any program income derived from COBG funds. IN WTINESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SOUTH COUNTY COUNCIL ON AGING BY:?7r~~ Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit O. City of Chula Vista Party Disclosure Statement NOTSCANNEJ) WPC F:'\HOME'COMMDEV\1086.93 &. 1087.93 '6u / [5' Page 5 (EXHIBIT A) STATEMENT OF WORK AND PERFORMANCE SCHEDULE SOUTH COUNTY COUNCIL ON AGING Shared Housing is a non-profit organization providing a free service to seniors, including handicapped and frail elderly, and low and moderate income persons. Our program goal is to promote a Shared Housing service where two or more persons share living arrangements and share in housing related expenses, or exchange services in lieu of rent, thereby serving both their financial and social needs. The Shared Housing program often assists handicapped or frail elderly by providing a sharer who can provide home services in lieu of rent. This will allow the owner to remain in their home rather than become institutionalized. In addition to the Shared Housing program, SCCOA board members visit nursing homes in the area on a quarterly basis providing a social hour with entertainment for the patients. They select nursing homes where patients have infrequent visitors or few family members keeping in touch. ~g~/ ( EXHIBIT B ) ITEMIZED BUDGET SOUTH COUNTY COUNCIL ON AGING 1'''"~'''1I11 lIml/(t.( : Tolal: $ -1Q,200 . ~~~~__"""m_~nn (Incllldc only (hosc cxpcnscs dircctly rclalcd to (hc pwgral11 for which fllllding is Icqllesled). (taxes) ~a I ariestllene fit s: Val'. & Siek Leave Hcntllllililics: (Phone) Insurance I ;.'111 ipnlelllt~l1pplics: Bookkeeping & Olher Po stage Tra veT"&---- Olher Training ~~DJ,!Q $ 10,736. 1,176. 75/, . 458. 420. 556. 360. Olher _ilsl ver tis ing 5/,0 .. Sl1hlotals: $ 1 5 , 000 . $ $ 813 -If} (County, of San Die~o) mIII)~"I.~~!NW; $ 10,736. 1,176. 75/, . 458. . /,20. 556. 360. 5/,0. $ 15,000. southern California Metropolitan Areas Anaheim-santa Ana PMSA (orange County) Bakersfield MSA (Kern County) Los Angeles-Long Beach PMSA (Los Angeles County) oxnard-ventura PMSA (Ventura county) Riverside-san Bernardino PMSA (Riverside-san Bernardino counties) San Diego..MSA( '( san';Di'~ g?'f59~1l~:r) .__..... _.._.,_~,~,.c....,__:.....J...__._. sant~ Barbara-santa Maria-Lompoc MSA (santa Barbara county) southern California Non-Metro counties Imperial County Inyo county Mono County San Luis Obispo County FY '93 Median Family Income $56,500 $35,000 $43,000 $55,200 $41,100 '~i3J ~Oo. $45,500 $27,700 $33,600 $39,600 $40,900 -----------------------------INCOME LIMITS---------------------J:~\ll~lJ[--~ 1 Per <Low-Income 27,800 . Very Low-Income 19,800 Low-Income 20,150 Very Low-Income 12,600 Low-Income 27,050 Very Low-Income 16,900 <Low-Income 27,800 Very Low-Income 19,300 Low-Income 23,000 Very Low-Income 14,400 2 Per 31,750 22,600 23,050 14,400 30,900 19,300 31,750 22,100 26,300 16,450 3 Per 35,750 25,400 25,900 16,200 34,600 21,750 35,750 24,650 29,600 16,500 Low-Income 24,600 28,100 31,600 vii~ Low-Income 15,350 "17,550' 19,750 Low-Income 25,500 Very Low-Income 15,950 Low-Income 19,200 Very Low-Income 12,000 Low-Income 20,200 Very-Low Income 12,650 Low-Income 22,200 Very Low-Income 13,850 Low-Income 22,900 Very Low-Income 14,300 29,100 16,200 21,950 13,700 23,100 14,450 25,350 15,850 26,200 16,350 32,750 20,450 24,700 15,450 26,000 16,250 28,500 17,800 29,450 16,400 4 Per 39,700 28,250 26,600 16,000 38,650 24,150 39,700 27,600 32,900 20,550 35,100 21; 950 36,400 22,750 27,450 17,150 26,900 18,050 31,700 19,800 32,700 20,450 <Low-Income Limit subject to the national median family income level of $39,700. NOTE, CALIFORNIA MEDIAN l.h.11ILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. 5 Per 42,900 30,500 31,100 19,450 41,750 26,100 42,900 29,600 35,500 22,200 6 Per 46,050 32,750 33,400 20,900 44,600 28,000 46,050 32,000 38,150 23,650 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 6 Per 52,400 37,300 38,000 23,750 51,000 31,900 52,400 36,450 43,400 27,150 37,950. 40,1!i9A~.~:l.)~~QN,4~~~ 23 , 7 0 0'- 2 5;'4 50""2'F,-'2"0'0"""'2r6~.\9"~ 39,300 24,550 29,650 18,500 31,200 19,500 34,200 21,400 35,350 22,100 42,200 26,400 31,650 19,900 33,500 20,950 36,750 22,950 37,950 23,700 45,150 26,200 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 48,050 30,050 36,200 22,650 38,100 23,850 41,800 26,150 43,200 27,000 ~ \ ~ RESOLUTION NO. 171 RI-L RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FAIR HOUSING COUNCIL OF SAN DIEGO AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the tirneframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on file in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula V ista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shaH certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by B~~'~ ~ City Attorney g-C.) /gC-t Chris Salomone Community Development Director WPC F:\HOME\COMMDEV\l132.93, 1131.93 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. . 1<'::dr l-lmlc;nB ('QH'Qcil gf S~n ni pgn 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See A~r~~h~d li~t 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No -JC- If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. TarnarR KRY Snrkpy 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes _ No....K.- If yes, state which Councilmember(s): Person is defined as: "Any individual, firm. co-partnership, joint venture, association, social club, fraternal organization, corporation. estate. trust. receiver. syndicate. this and any other county. city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) Date: Signature of contractor/applicant [C:\WP51 \COUNCILID1SCLOSE.TXT] 3' V 3 Print or type name of contractor/applicant [Rev;sed: 11130/90] THE FAIR HOUSING COUNCIL OF SAN DIEGO (Board of Directors 1993/Business) * Term ends November 1993 ** Terms ends November 1994 BELL, BOB . Luee, Forward, Hamilton and Scripps 600 West Broadway,Ste 2200 San Diego, CA 92101 Bus: 699-2402- Fax# 232-8311 JAMES, JOYCE.. President-1993 PO Box 740442 San Diego, CA 92174 Bus: 262-3555 CLARK, CORIHNE * Clark, Gumpel & Gerston 701 B street, Ste 625 San Diego, CA 92101 Bus: 233-1861- Fax# 233-1879 JOHNSON, BERNARD .. South East Economic Corporation 930 Gateway Center Way San Diego, CA 92102 Bus: 236-7345 Development DAVIS, EARL W. * Vice-President Neighborhood House Assn. 3043 Fourth Avenue San Diego, CA 92103 Bus: 497-3150 Fax #: 492-2095 JOHNSON, SHARON . Secretary Res. Relations 3972 Jackdaw , San Diego, CA Bus : Fax# of CA #212 92103 DESROCHERS, PAUL .* Community Development Commission 140 East 12th Street National City, CA 91950 Bus: 336-4254 Fax #: 336-1354 LOW, ROBIN * County EO Mgmt. Office 1600 Pacific Hwy., Rrn 208 San Diego, CA 92101 Bus: 531-4984- Fax# 557-4060 E'HRINGER, MARTHA ** CA Western Law School 350 Cedar Street San Diego, CA 92101 Bus: 525-7636- Fax# 696-9999 PEARCE, NANCY ** New Venture Research 6994 Pernbridge Lane San Diego, CA 92139 Bus: 470-8284 GREEN, JUDITH-GAIL.* NHA Headstart Program 3043 Fourth Avenue San Diego, CA 92104 Bus : 497-3150 Fax#: 497-3187 RYAN, D.J. ." Pres-1992 Praxis Communications 11233 Tierrasanta Blvd.#30 San Diego, CA 92124 Bus : 467-0094 Fax# 467-0094 HOFFMAN, CHUCK ** Treasurer ACI Investments 2635 Camino del Rio So. San Diego, CA 92108 Bus : 299-3000- Fax#: 299-8536 SANCHEZ, ALEX ** Chicano Federation 610 22nd Street San Diego, CA 92102 Bus: 236-1228 Fax#: 236-8964 VARNADORE, JIM * PO Box 14672 San Diego, CA 92176 ?)C-i AGREEMENT SETIING OUT TERMS AND OBLIGATIONS OF FAIR HOUSING COUNCIL OF SAN DIEGO IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED TIllS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Fair Housing Council of San Diego, a non-profit organization ("Grantee"), and is made with reference to the following facts: REC!TAL~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this agreement shall be for a period of one (1) year, from July I, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons WPC F:\HOME'COMMDEV\l086.93 & 1087.93 ~ c- S--- Page 1 provided services shall be of low income, as detennined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to detennine the income level of each person or family served. 4. Comoensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Chula Vista Fair Housing Program on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $29,000 (Twenty Thousand Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and terminate funding thereof to the date of such tennination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" foirn shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for person5/households served during the previous quarter: (a) the total number of personslhouseholds served; (b) the number of person5/households receiving each type of service provided; . (c) of the personslhouseholds served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. WPC F:'HOME'lCOMMDEV\1086.93 & 1087.93 S"'c-? Page 2 7. Assignment. The services of Fair Housing Council of San Diego are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all fmancial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fmancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, resiqency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Fair Housing Council of San Diego, or hiS/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " 11. Other Program Requirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC F:\HOMFCOMMDEV\l086.93 &. 1087.93 gC-? Page 3 15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the. City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequ~nt declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CPR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for conveuience in accordance with 24 CPR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract The parties reserve the right to pursue any remedy provided under Califoruia law for remedy in instances where contractors violate or breach contract terms. WPC F:\HOM:lN:X)MMDEV\1086.93 &:. 1087.93 g-c-y Page 4 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney FAIR HOUSING COUNCIL OF SAN DIEGO BY: Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure Statement NOTSCANNID WPC F:\HOME'lCOMMDEV\l086.93 & 1087.93 [5C -; Page 5 EXHIBIT A STATEMENT OF WORK JULY 1, 1993 - JUNE 30, 19~4 I. The recipient, the Fair Housing Council of San Diego, shall create and provide Fair Housing and Landlord/Tenant counseling, investigation, mediation/negotiation, education and referral services for consumers and providers of housing in the.city of Chula Vista. II. The recipient agrees to provide the following work products, in the dates specified below to the appropriate delivery point. The statement of work(time line and sequential tasks) reflects work products in the recipients application submitted in response to the RFP for Fair Housing Services. TASK 1. ADMINISTRATIVE PRODUCTS/DELIVERABLES DUE DATE DELIVERY POINT 1.1 Program Coordination and Administration Ongoing David Harris 1.2 Prepare Quarterly Written report Progress Report for Program Duration 1.3 Prepare and Submit Final Written Report Final Program Report 90 days Quarterly thereafter David Harris 390 days David Harris 2. HOUSING COUNSELING SERVICES 2.1 Create and maintain a Summary report quarterly hotline for residents of Chula Vista Ongoing David Harris 2.2 Investigate, negotiate Summary report quarterly Fair Housing complaints Ongoing David Harris 2.3 Negotiate Landlord/ Summary report quarterly Tenant issues Ongoing David Harris ~ ~ ~ 3. EDUCATION/OUTREACH ACTIVITIES 3.1 Create and submit four Draft and final copy articles for publication Quarterly. 3.2 Provide fair housing and landlord tenant materials .Ongoing 3.3 six Fair Housing Impact statement presentations (Two to concentrate on disabled community) Quarterly 3.4 Organize and conduct Invitation to event elementary school FH poster contest April 199~'\ David Harris David Harris David Harris David Harris ~ o ~ FAIR HOUSING PROGRAM FOR CHULA VISTA FISCAL YEAR JULY 1, 1993 - JUNE 30, 1994 ITEMIZED PROGRAM BUDGET 'Salaries/Benefits: $ 23,090.00 Rent/Utilities: 2,400.00 Equipment/supplies: 200.00 (Postage) Printing: 1,500.00 Poster Prizes: 970.00 Travel: 490.00 Cater/Rm Rental: 350.00 Total $ 29,000.00 ~c -)2 EXHIBITB southern California ~etropolitan Areas FY '93 Median Family Income ~naheim-santa Ana PMSA (Orange County) aakersfield MSA (Kern County) Los Angeles-Long Beach PMSA (LOS Angeles County) ~xnard-Ventura PMSA (Ventura county) $56,500 $35,000 $43,000 $55,200 Riverside-san Bernardino PMSA (Riverside-san Bernardino counties) $41,100 -----------------------------INCOME LIMITS---------------------J:~lll~}J[--~ 1 Per "Low-Income 27,800 very Low-Income 19,800 Low-Income 20,150. Very Low-Income 12,600 Low-Income 27,050 Very Low-Income 16,900 "Low-Income 27,800 Very Low-Income 19,300 Low-Income 23,000 Very Low-Income 14,400 2 Per 31,750 22,600 23,050 14,400 30,900 19,300 31,750. 22,100 26,300 16,450 3 Per 35,750 25,400 25,900 16,200 34,800 21,750 35,750 24,850 29,600 18,500 4 Per 39,700 28,250 28,800 18,000 38,650 24,150 39,700 27,600 32,900 20,550 5 Per 42,900 30,500 31,100 19,450 41,750 26,100 42,900 29,800 35,500 22,200 6 Per 46,050 32,750 33,400 20,900 44,800 28,000 46, 050 32,000 38,150 23,850 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 8 Per 52,400. 37,300. 38,00.0 23,750 51,000 31,900. 52,400 36,450. 43,400. 27,150. '$43,900 ,Low-Income 24,60.0 28;100 " 31,60035,i.0037,95'O/40/7.5g",'.jiA3;~~J)~4~j!,;,!f01t "'O~.,"" .." vei:'y' Low~Income 15,350' '17,550' -19; 750'21; 950 '23, 7 00~'2Sf450:~27'i\2'00~~'if';\9'5'Q'l! san " D.lego,;,I<\~.A.t.\ '(;saWi)'reg~~ilii~Y;)i _..i'l':,~-.:f.h'j:.;.':t.bi'*.;:rM.~~~ santa Barbara-Santa Maria-Lompoc MSA (Santa Barbara County) $45,500 Southern California Non-Metro counties Imperial County $27,700 Inyo County $33,600 Mono County $39,600 San Luis Obispo County $40,90.0 Low-Income 25,500 Very LOW-Income 15,950 LOW-Income 19,200 Very Low-Income 12,000 Low-Income 20,200 Very-Low Income 12,650 LOW-Income 22,200 Very Low-Income 13,850 Low-Income 22,900 Very Low-Income 14,300 29,100 18,200 21,950 13,700 23,100 14,450 25,350 15,850 26,200 16,350 32,750. 20,450 24,700 15,450 26,000 16,250 28,500 17,800 29,450 18,40.0 36,400 22,750 27,450 17,150 28,900 18,050 31,700 19,800 32,700 20,450 "Low-Income Limit subject to the national median family income level of $39,700. NOTE. CALIFORNIA MEDIAN }'hMILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. ~ ~ C3 39,300 24,550 29,650 18,500 31,200 19,500 34,200 21,400 35,350 22,100 42,200 26,400 31,850 19,900 33,500 20,950 36,750 22,950 37,950 23,700 45,150 28,200 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 48,050 30,050. 36,20.0. 22,650. 38,10.0. 23,850 41,80.0. 26,150. 43,20.0. 27,00.0. RESOLUTION NO. J 'lllY~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CENTER FOR WOMEN'S STUDIES & SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the timeframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on me in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form ;:L~. Chris Salomone Community Development Director Bruce M. Boogaard City Attorney rlD'I/ glJ - tf WPC F:\HOME\COMMDEV\1132.93, 1131.93 d THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: I. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. Center for WOmen's Studies and Services 2. If any person identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See attached 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Laurine Baxter Laurie Mackenzie Vera Herbst 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No -1L If yes, state which Councilmember(s): Person is defined as: "Any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) Date: 7/16/93 / ( [c:\ WP51 ICOUNCIL\DISCLOSE.TXT] Laurie Mackenzie Print or type name of contractor/applicant 8" D-:3 [Revi..ed: 11130/90( !!W :ii:ii CENTER FOR WOMEN'S STUDIES AND SERVICES. 2467 'E' ST. SAN DIEGO, CA 92102 (619) 233-8984 BOARD OF DIRECTORS l. Jean Campbell. Ph.D. 6. Teresa Odendahl Secretary Executive Director Psychologist National Network of Grantmakers 836 Prospect. Ste. 101 Post Office Box 34625 La Jolla. CA 92037 San Diego. CA 92163 w: 456-2206 w: 220-0690 2. Elizabeth A. Cobbs. Ph.D. 7. Marilyn Robinson Associate Professor. USD Counselor 9422 El Tejado 7915 Michelle Drive La Mesa. CA 92041 La Mesa. CA 91942 h: 698-5610 w: 220-0122 3. Shelia Kirk 8. Barabara Watkins. MA. M.F.C.C. Treasurer Psychotherapist Bookkeeper Post Office Box 1571 3754 32nd Street. #3 La Jolla. CA 92038 San Diego. CA 92104 456-2367 h: 528-8107 9. Martha O. Williams 4. Joyce Lane Teacher Vice President 505 16th Street Elections Analyst San Diego. CA 92101 9422 El Tejado w: 544-9262 La Mesa. CA 91941 w: 533-4024 5. Dr. Joyce Nower President Instructor. SDSU 9333 Dillon Drive La Mesa. CA 91941 h: 464-311 0 'rJD-'/ AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF CENTER FOR WOMEN'S STUDIES & SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Center for Women's Studies & Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: REC!TAL~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this agreement shall be for a period of one (1) year, from July I, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A,attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons ;?(J) ~~ Page 1 WPC FNIOME'COMMDEV\1086.93 & 1087.93 provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Project Safehouse/Rape Crisis Center on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $5,000 (Five Thousand Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any antiCipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. WPC F:\HOME'COMMDEV\1086.93 & 1087.93 ';?j) -~ Page 2 J 7. Assignment. The services of Center for Women's Studies & Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all fmancial records for three years following the term of this agreement The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fmancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Center for Women's Studies & Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative ReQuirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " II. Other Program ReQuirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affIliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUn regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC F:'HOMECOMMDEV\1086.93 & 1087.93 ?])-7 Page 3 " 15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CPR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 2f[) - 6 Page 4 WPC F:'JIOMECOMMDEV\1086.93 & 1087.93 , . 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of . 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney CENTER FOR WOMEN'S STUDIES & SERVICES B~~h" ~~h Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure StatementNOTSCANNED WPC F:\HOMECOMMDEV\1086.93 & 1087.93 S'p- / Page 5 !!W == EXH'Rn A EXHIBIT B CENTER FOR WOMEN'S STUDIES AND SERVICES. 2467 'F ST. SAN DIEGO, CA 92102 [619J 233-8984 CITY OF CHULA VISTA Fiscal Year 1993-1994 I. Exhibit A: statement of Work and Performance Schedule We will provide the following services for victims of domestic violence: 1. Shelter: ~ women and ~ children will be provided with safe shelter each quarter for a minimum of 7n women and 24 children for the period of July 1, 1993 through June 30, 1994. Shelter guests will also be provided the following services: a. Individual Counseling b. Group Counseling c. Food and Clothing d. Education Materials e. Transportation f. Legal Assistance 2. Hotline: Crisis hotline assistance will be provided to victims and family members of victims.--2~ II. Exhibit B: Itemized Budget Item 1. Crisis Hotline (Telephone): 2. Rent: 3. Food: 4. Printing/Education Materials: 5. Temporary Shelter: TOTAL Ouarterlv $250.00 625.00 250.00 62.50 62.50 Total $1,000.00 2,500.00 1,000.00 250.00 250.00 1. 250.00 $5.000.00 ?])-/C southern california Metropolitan Areas Anaheim-santa Ana PMSA (orange county) Bakersfield MSA (Kern county) Los Angeles-Long Beach PM SA (Los Angeles County) oxnard-Ventura PMSA (Ventura county) Riverside-San Bernardino PMSA (Riverside-san Bernardino countiee) FY '93 Median Family Income $56,500 $35,000 $43,000 $55,200 $41,100 -----------------------------INCOME LIMITS---------------------J:~lll~lJ[--~ 1 Per -Low-Income 27,800 Very Low-Income 19,800 Low-Income 20,150 Very Low-Income 12,600 Low-Income 27,050 Very Low-Income 16,900 -Low-Income 27,800 Very Low-Income 19,300 Low-Income 23,000 Very Low-Income 14,400 san Diego MSA, '$4",.,3,' ~ 00 , (sari"I)i'e.<;i~9tinty). '.._:....:.~!::.:...~~_(J:;d-'"'-';iL:;L:,;.;;"'-~'. Santa Barbara-Santa Maria-Lompoc $45,500 MSA (Santa Barbara County) southern California Non-Metro countiee Imperial County Inyo county Mono county San Luis Obispo county $27,700 $33,600 $39,600 $40,900 LoW-Income 24,600 Very LOW-Income 15,350 LOW-Income 25,500 Very Low-Income 15,950 LOW-Income 19,200 Very LoW-Income 12,000 Low-Income 20,200 Very-Low Income 12,650 Low-Income 22,200 Very Low-Income 13,850 Low-Income 22,900 Very Low-Income 14,300 2 Per 31,750 22,600 23,050 14,400 30,900 19,300 31,750 22,100 26,300 16,450 3 Per 35,750 25,400 25,900 16,200 34,800 21,750 35,750 24,850 29,600 18,500 28,100 31,600 17,55019,750 29,100 18,200 21,950 13,700 23,100 14,450 25,350 15,850 26,200 16,350 32,750 20,450 24,700 15,450 26,000 16,250 28,500 17,800 29,450 18,400 4 Per 39,700 28,250 28,800 18,000 38,650 24,150 39,700 27,600 32,900 20,550 35,100 21;950 36,400 22,750 5 Per 42,900 30,500 31,100 19,450 41,750 26,100 42,900 29,800 35,500 22,200 37,950 23,700 39,300 24,550 27,450 29,650 17,150. 18,500 28,900 18,050 31,700 19,800 32,700 20,450 -Low-Income Limit subject to the national median family income level of $39,700. NOTE: CALIFORNIA MEDIAN l'h..'lILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. 31,200 19,500 34,200 21,400 35,350 22,100 6 Per 46,050 32,750 33,400 20,900 44,800 28,000 46,050 32,000 38,150 23,850 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 8 Per 52,400 37,300 38,000 23,750 51,000 31,900 52,400 36,450 43,400 27,150 40 750 '0' '3.55'0 "\';4""""~:i'OJ. 2 5:450~211~'()O~1li.:r;~t?'S'oi 42,200 26,400 31,850 19,900 33,500 20,950 36,750 22,950 37,950 23,700 45,150 28,200 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 48,050 30,050 36,200 22,650 38,100 23,850 41,800 26,150 43,200 27,000 ~ \ ~ ~ RESOLUTION NO. l'lIK3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EPISCOPAL COMMUNITY SERVICES AND AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the tirneframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on file in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by B~t3:g~ ~ City Attorney ~.c:1 /8E-3 Chris Salomone Community Development Director WPC F:\HOME\COMMDEV\1132.93, 1131.93 ~ THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, Le., contractor, subcontractor, material supplier. Episcopal Carmunitv Services 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See Attached List 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No -1L If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. M Jean Serafy Maria Rubio Jonathan C. Hunter 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes _ No ---X- If yes, state which Councilmember(s): Person is defmed as: "Any individual, finn, co-pannership, joint venture, association. social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit. II (NOTE: Attach additional pages as necessary) Date: July 13 1991 [C:\WP51\COUNCIL\DISCLOSE.TXT] 'r5E -3 ,lnnFlt ht=ln r Hllntpr Print or type name of contractor/applicant [Rev;sed: 11130/90J I \~j &5. L. Ann Bannister -- __':/" ...vad San Diego CA 92130 210 Class of 1993 (1) ~2:. Ronald P. Bird . . San Diego CA 92101 Class of 1992 (1) Liai.son - ao Advisory Coonc:i.l* &. Frank B. Ensi~, Jr. -." Carlshad, CA 9200B Class of 1994 (1) Treasurer Dr. E. Clare Friedman -. . La Jolla, CA 92037 Class of 1992 (1) VP - Persamel * ( The Rev. Tally H. Jarrett . --<. Solana Beach, a 92075 Class of 1994 (1) Mr. James Parks . Chula Vista, CA 92013 /Ir. Leslie E. Marshall San Diego CA 92109 Class of 1991 (1) Ms. Elvi J. Olesen -- -- La Jolla CA 92037 Class of 1994 (2) , . .:~. Irving W. Parker, KSG ~--, "',--- ~ Santee C.\ 920 1 Class at 1992 (2) EXT: 2667 President lit EPISCOPAL COMMuNITY SERVICES Bc:::l.a.rd of Direc:t.o.r:s ~992-~993 ....n . I 481-2689 (0) FAX: II 239-7337 (0) FAX: 239-2110 - . . 720-2334 (0) FAX: ,. 260-4730 (0) FAX: J!t . . (0) FAX: . . ) 272-0630/276-2648 (0) fAX: ... --" ,..1 239-5105 (0) FAX: II .. 260-4600 (0) 8-E-Lj Dr. Talmadge o. Bartley . - . San Diego CA 92113 Class of 1993 (1) Krs. Gwendal vn F. Foss -~... - . La 011a, Cd 92037 /Ir. Harold P. Field _, 1._ Coronaeo CA 92118 Class of 1993 (T) Chair.Illm - !'lIcilities* Ms. Antoinette Harris III _ .._ Coronado a 9211B Class of 1993 (2) /Ir. IIichael Weber - San Diego, CA 92127 /Irs. Anne T. Marshall 10 La Jolla CA 92037 Class of 1994 (2) Chainuan - liazd.nat1ncr' /Ir. Marry Mathis .-J..... _ '3 _'_U_'" San Diego CA 9= Class of 1993 (1) /Ir, Robe..o-t D. Orpbey ---- ... La Jolla CA 92037 Class of 1993 (2) lir. Donald J. Quackenbush .. . La Jolla, Crl 92037 Class of 1994 (1) "" -"1M' 264-42B1l"'"(OJ ~ fAX: I ,.., 575-9260 (0) FAX: " III I') ',435-9107 (0) fAX: llil I I) 459-1762 (0) fAX: lIT ! , 234-5354 (0) fAX: ! I 574-0404 (0) fAX: . . ) 454-2171 (0) FAX: 454-2432 ( .) ...,~,~ ( c -- Capt. Michael M. Raggett - Coronado ca 92118 Class of 1993 (1) VP - Rescurce DevelopDent Ilr. G. Williams Rutherford Charlotte Bushnell House - San Diego CA 92101 Class of 1993 (1) 'lP - ~ !vaJ.uotloo* !'.r. Stirliug D. Tomkius -- .. -- - -- San Diego CA 92103 Class of 1993 (2) The Rev. Jennifer R. Vervynck ._ __...... v..~ Vista ca 92083 Class of 1994 (1) Ilrs. Nell f. Waltz . --. - - La Jolla, Cd 92037 Class of 1994 (1) Mrs. Leccra T. Witt M_' San Diego CA 92106 Class of 1994 (2) Secretary II - .--- '.~, 238-1701 (0) fAX: 696-1443 - --- n 297-4756 (0) fAX: -- -- ~.., 726-4280 (0) fAX: - - . n 494-7871 (0) fAX: II 222-2035 (0) fAX: Dr. Robert T. Reese oj"'" 1, La Jolla Cd 92037 Class of 1994 (2) Ilr. Warren Sands L. _ illL " San Diego Cd 92128 Class of 1993 (1) /Il..r. E. Bert Valentine ill J ~_ ..___ Solana Beach CA 92075 Class of 1993 (2) lis. Elizabeth IIalker J _ - ----- San Diego CA 92111 Class of 1993 (2) CbaiIllIlIII - Porl:Ih !.eader.dl1;l I!rs. Shirley Williamson --- - . Coronado CA 92118 Diocesan EC,.J Pres. Mr. Lee Johnson San Oiego, CA 92120 Bishop Gethiu B. Hughes Episcopal Diocese of San Diego San Diego, Cd 92103 c..- - -- o r-.,5 (H) 456-8242 (0) fax: LIi fl 1 ) 485-9693 (0) fAX: ......~ --...... \'" 253-6921 (0) fAX: \. 1 J fill ["") m-7208 (0) fAX: II 435-8423 (0) fAX: , AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF EPISCOPAL COMMUNITY SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Episcopal Community Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: REC!TAL~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: I. Term of Agreement The term of this agreement shall be for a period of one (I) year, from July I, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Reauirement The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons ~f~? Page 1 WPC F:lHOMElCOMMDEW086.93 .!r. 1087.93 , provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for Outreach Health Education on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $10,000 (Ten Thousand Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract. 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. WFC F:lHOME'COMMDEV\1086.93 &. 1087.93 g-E- ') Page 2 , 7. Assignment. The services of Episcopal Community Services (Outreach Health) are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all fmancial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete imancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or hislher designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Episcopal Community Services (Outreach Health), or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reouirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " 11. Other Program Requirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. FE-!5 Page 3 WPC F:\IIOME'COMMDEV\1086.93 & 10$7.93 15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. WPC F:\HOME'COMMDEV\1086.93 &:. 1087.93 >5E~Cj Page 4 . . 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY; . Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney EPISCOPAL COMMUNITY SERVICES (OUTREACH HEALTH) B~~ Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure Statement NOT SCANNED 'irE -/t? Page 5 WPC F:'JIOME'COMMDEV\l086.93 &. 1087.93 EPISCOPAL COMMUNITY SERVICES EXHIBIT A STATEMENT OF WORK/PERFORMANCE SCHEDULE ACTIVITY TIMELINE 1. HIRE: Outreach Health Educator (OHEl Fifteen days from finding 2. ORIENT: OHE to ECS South Bay Programs Within Fifteen days of Hire 3. SCHEDULE: Presentations to ECS Programs Minimum 4 Within Thirty Days of Hire 4. PROVIDE: Health Education Classes & Individual Sessions at ECS South Bay Programs Minimum 20 per month Within Thirty Days of Hire and Ongoing 5. SCHEDULE: Presentations at Community Agencies, Centers and Other Interested Groups or Companies Minimum 10 Within Ninety Days of Hire and Ongoing 6. PREPARE: Progress Reports Quarterly ljf-// EPISCOPAL COMMUNITY SERVICES EXHIBIT B ITEMIZED BUDGET CDBG OTHER FUNDS Salaries/Benefits $ 8,000 $ 4,500 Rent/Utilities 500 600 Equipment/Supplies 500 100 Mileage/Tokens 1,000 100 Management Fee 0 L 700 Totals $ 10,000 $ 7,000 ?E/c2 southern california Metropolitan Areas Anaheim-santa Ana PMSA (orange County) Bakersfield MSA (Kern county) Los Angeles-Long Beach PMSA (Los Angeles County) oxnard-ventura PMSA (Ventura county) Riverside-San Bernardino PMSA (Riverside-san Bernardino Counties) pan Diego MSA( (8 """;Di"'eg~9);1?ty), :,-.,;. "~,_...:.<:",::l",~::,:"..;o.,,~;:..:.!'-...... Santa Barbara-santa Maria-Lompoc HSA (santa Barbara County) southern California Non-Metro counties Imperial county Inyo County Hono county san Luis Obispo County FY '93 Median Family Income -----------------------------INCOME LIMITS---------------------J:~\ll~IJ[-_~ 1 Per $56,500 'Low-Income 27,800 Very Low-Income 19,800 $35,000 LOW-Income 20,150 Very Low-Income 12,600 $43,000 LOW-Income 27,050 Very Low~Income 16,900 $55,200 'LoW-Income 27,800 Very Low-Income 19,300 $41,100 Low-Income 23,000 very Low-Income 14,400 , $P,900 $45,500 $27,700 $33,600 $39,600 $40,900 Low-Income 24,600 Very Low-Income 15,350 Low-Income 25,500 Very Low-Income 15,950 Low-Income 19,200 Very Low-Income 12,000 Low-Income 20,200 Very-Low Income 12,650 Low-Income 22,200 Very Low-Income 13,850 Low-Income 22,900 Very Low-Income 14,300 2 Per 31,750 22,600 23,050 14,400 30,900 19,300 31,750 22,100 26,300 16,450 28,100 17,550 29,100 18,200 21,950 13,700 23,100 14,450 25,350 15,850 26,200 16,350 3 Per 35,750 25,400 25,900 16,200 34,800 21,750 35,750 24,850 29,600 18,500 31,600 19,750 32,750 20,450 24,700 15,450 26,000 16,250 28,500 17,800 29,450 18,400 4 Per 39,700 28,250 28,800 1.8,000 38,650 24,150 39,700 27,600 32,900 20,550 35,100 21,950 36,400 22,750 27,450 17,150 28,900 18,050 31,700 19,800 32,700 20,450 'Low-Income Limit subject to the national median family income level of $39,700. NOTE' CALIFORNIA MEDIAN l'A11ILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. 5 Per 42,900 30,500 31,100 19,450 41,750 26,100 42,900 29,800 35,500 22,200 6 Per 46,050 32,750 33,400 20,900 44,800 28,000 46,050 32,000 38,150 23,850 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 8 Per 52,400 37,300 38,000 23,750 51,000 31,900 52,400 36,450 43,400 27,150 37,950 .' 40 ,750j(,(~3)5?pli\lj4~~!'Q';i. 23 , 700 .. 25" 4 5 0'o$'27;:^200il';"2"8~\9%~ 39,300 24,550 29,650 18,500 31,200 19,500 34,200 21,400 35,350 22,100 42,200 26,400 31,850 19,900 33,500 20,950 36,750 22,950 37,950 23,700 45,150 28,200 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 48,050 30,050 36,200 22,650 38,100 23,850 41,800 26,150 43,200 27,000 ~ \ \ ~ RESOLUTION NO. J7J~'1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BOYS AND GIRLS CLUB OF CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the timeframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on file in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by B=!:-.O:~ ~ City Attorney gF--//gr-5 Chris Salomone Community Development Director WPC: F:\HOME\COMMDEV\1132.93, 1131.93 EXHIBIT C THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT f Statement of disclosure of certain ownership interests, payments, or campaign contriblltions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: l. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. NONE 2. If any person identified pursuant to (1) above is a corporation or partnerShip, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. N/A 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as dir~tor of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No -.lL If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. BOYS & GIRLS CLUB OF CHULA VISTA w. SCOTT MOSHER 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No -1L.. If yes, state which Councilmember(s): Person is defmed as: "Any individual, finn, co-pannership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unil." (NOTE: Attach additional pages as necessary) Date: ,TlJr,v 01, ]993 lu.~~~ Signature of contractor/applicant (C:\WPSl \COUNCILID1SCLOSE.TXT] W. SCOTT MOSHER Print or type name of contractor/applicant 6 r - 3 [Revised: 11130/9OJ . BOYS & GIRLS CLUB OF CHULA VISTA MEMBERS OF THE BOARD OF DIRECTORS FISCAL YEAR 92-93 Joseph M. Conte 900 Otay Lakes Road Chula Vista, CA 91910 President, Southwestern Community IMMEDIATE PAST PRESIDENT Robert P. Fox (Kimberly) 1080 Winding Oak Drive Chula Vista, CA 91910 Mortgage Loan Broker victoria Gutierrez (Eddie) 428 Stoneridge Court Bonita, CA 91902 Owner, Victoria's Cuisine Trish Hannon (Don) Sharp Chula Vista Medical Center 751 Medical Center Court Chula Vista, CA 91911 Director of Nursing, Special Care SECRETARY/TREASURER Catherine Jamison (Jerry) 1097 Oleander Avenue Chula Vista, CA 91911 JamisonBell Advertising Royce Jensen 895 Mesa place Chula Vista, CA 91910 Pacific Commerce (Beth) Bank VICE PRESIDENT Paul Kapler 2149 Bluewater Lane Chula Vista, CA 91913 Broker/Owner of ADMINISTRATION (Sharon) VICE PRESIDENT of FINANCE George Krempl (Mary) 319 E. James street chula Vista, CA 91910 Deputy City Manager 1Ir- -1 Page 1 of 3 06/93 BOYS & GIRLS CLUB OF CHULA VISTA MEMBERS OF THE BOARD OF DIRECTORS F ~ SCliLYEAR 92 - 93 Page 2 of 3 06/93 Janay Kruger 4660 La Jolla Village Drive, Suite K San Diego, CA 92122 Property Development/Rehabilitatio Jayne Maple (Max) Appropriate Technologies 750 Design Court Chula Vista, CA 91911 Administration/public Relations I. Joseph Matacia (Emily) 550 Galveston Way Bonita, CA 91902-4062 Management Consultant Don Read (Crystal) 233 Fourth Avenue Chula Vista, CA 91910 CEO Chamber of Commerce Benjamin Richardson 971 Gallery Court San Diego, CA 92114 General Manager, Chula Vista Cente Kathleen Schaeffer (Paul) 1765 Yale Court Chula Vista, CA 91913 Owner, Postal Annex #3 James Weaver 8364 Clairemont Mesa San Diego, CA 92111 General Manager (Jane) Blvd. suite F PRESIDENT Sue Welsh 600-32 Sheffield Court Chula Vista, CA 91910 child Care Administrator ~ )::-5' AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF BOYS AND GIRLS CLUB OF CHULA VISTA IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 20, 1993; for the pwposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Boys and Girls Club of Chula Vista, a non-profit organization ("Grantee"), and is made with reference to the following facts: REC!TAL~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this agreement shall be for a period of one (I) year, from July I, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income ReQuirement The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons WPC F:\HOME'COMMDEV\1086.93 & 1087.93 CZ5r-? Page 1 provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Education Enhancement Program on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $10,000 (Ten Thousand Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. WPC F~OME'COMMDEV\1086.93 & 1087.93 J5~ -7 Page 2 7. Assignment. The services of Boys and Girls Club of Chula Vista are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete rmancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Boys and Girls Club of Chula Vista, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative ReQuirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " II. Other Program ReQuirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affIliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC F:\HOME"COMMDEV\l086.93 &. 1087.93 ?5 r-sY Page 3 15. Drug-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16.- Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. WPC F:\HOME'COMMDEV\l086.93 & 1087.93 !?~-~ Page 4 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista A TrEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney BOYS AND GIRLS CLUB OF CHULA VISTA BY: l>J.~ ~ Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure Statement NOT SCANNED '1)/:::- ~J 0 Page 5 WPC F:'HOME"COMMDEV\1086.93 &. 1087.93 EXHIBIT A . STATEMENT OF WORK AND SCHEDULE The Boys & Girls Club of Chula Vista helps build the self-esteem and self-confidence of young people and helps prepare them for a responsible and self-sufficient adulthood. This occurs through activities including homework help/tutoring, substance abuse prevention, specialized health education programs, fine arts, social recreation, and individual and team sports. This is aug- mented by several special interest group clubs and youth devel- opment programs. This grant will help fund our new Education Enhancement Program. This program is designed to assist elementary and junior high school youth in their school work. Some of these services will be provided through homework help while others will be provided through tutoring, Operation Smart, Computer Education, and other learning center programs. Staffing will consist of an education specialist, program assis- tants, and volunteers. It will be augmented by a portion of the Program Director and Girls Program Specialist's time. The program will serve 200 youth, ages 6-14, from local schools served by our Oleander Center. Some of the youth served will be drop-in while others will be referrals by teachers and other school district personnel who have identified students who are in need of the program. Fifty percent of the youth served will be from low-income families. CDBG funds will be used for personnel expenses and some material and supply costs to conduct these program activities. The program will start will be scheduled on a school is in session. week, Monday - Friday. on July 26, 1993. Specific programming quarterly basis during the time that Services will be delivered five days a dfl EXHIBIT B BUDGET EXPENSES CDBG OTHER FUNDS Salaries/Benefits $ 8,500 Space Costs $ 5,703 Materials & Supplies $ 1,500 $ 4,800 Total $10,000 $10,503 INCOME CDBG $10,000 5,000 5,503 Grants Contributions/Fundraising TOTAL $20,503 i5r~/c2 southern california Metropolitan Areas Anaheim-santa Ana PMSA (Orange County) Bakersfield MSA (Rern county) Los Angeles-Long Beach PM SA (Los Angeles County) oxnard-Ventura PMSA (Ventura county) Riverside-San Bernardino PMSA (Riverside-san Bernardino counties) FY '93 Median Family Income -----------------------------INCOME LIMITs---------------------I:~\ll~}J[--~ 1 Per $56,500 "Low-Income 27,800 Very Low-Income 19,800 $35,000 Low-Income 20,150 Very Low-Income 12,600 $43,000 Low-Income 27,050 Very Low-Income 16,900 $55,200 "Low-Income 27,800 Very Low-Income 19,300 $41,100 LOW-Income 23,000 Very Low-Income 14,400 2 Per 31,750 22,600 23,050 14,400 30,900 19,300 31,750 22,100 26,300 16,450 3 Per 35,750 25,400 25,900 16,200 34,800 21,750 35,750 24,850 29,600 18,500 4 Per 39,700 28,250 28,800 1~,000 38,650 24,150 39,700 27,600 32,900 20,550 5 Per 42,900 30,500 31,100 19,450 41,750 26,100 42,900 29,800 35,500 22,200 6 Per 46,050 32,750 33,400 20,900 44,800 28,000 46,050 32,000 38,150 23,850 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 8 Per 52,400 37,300 38,000 23,750 51,000 31,900 52,400 36,450 43,400 27,150 ,w... ~02.~~iyI~~~~~ncome i~: ~~~ m m2~~~: ~~~.;~: ~~~n: ~~~f:~~;~1~8~ig~~ San DiegoM(l.At '(san;;I>i^eg~~l:j\ii1~y ), _. :'_~ '-:~: ,,'.':..~::'......l,.,;::>i.~~,:t..:.:;J~;:j::.I<.:,i,. Santa Barbara-santa Maria-Lompoc MSA (santa Barbara County) southern california Non-Metro counties Imperial County Inyo County Mono County San Luis Obispo County $45,500 $27,700 $33,600 $39,600 $40,900 Low-Income 25,500 Very Low-Income 15,950 Low-Income 19,200 Very Low-Income 12,000 Low-Income 20,200 Very-Low Income 12,650 Low-Income 22,200 Very Low-Income 13,850 Low-Income 22,900 Very Low-Income 14,300 29,100 18,200 21,950 13,700 23,100 14,450 25,350 15,850 26,200 16,350 32,750 20,450 24,700 15,450 26,000 16,250 28,500 17,800 29,450 18,400 'Low-Income Limit subject to the national median family income level of $39,700. 36,400 22,750 27,450 17,150 28,900 18,050 31,700 19,800 32,700 20,450 NOTE' CALIFORNIA MEDIAN "&~ILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. 39,300 24,550 29,650 18,500 31,200 19,500 34,200 21,400 35,350 22,100 42,200 26,400 31,850 19,900 33,500 20,950 36,750 22,950 37,950 23,700 45,150 28,200 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 48,050 30,050 36,200 22,650 38,100 23,850 41,800 26,150 43,200 27,000 t:) \ ~ RESOLUTION NO. / ')/ Jl5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COMMUNITY SERVICE CENTER FOR DISABLED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the timeframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on fIle in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form iL. ih. Chris Salomone Community Development Director Bruce M. Boogaard rlc-,7t;:; WPC F:\HOME\COMtYIDEV\1132.93. 1131.93 , THE CITY OF CHUU VISTA PARTY DISCLOSURE STATEMENT J' Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. The Access Center of San Diego (tormerly the Communlty ~ervlce Center for the Disabled) 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See attached list 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ---* If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. 'i.7prr..n;,..::ll P.::tolro'Y', Director of Resource Development n IbgrtQ A~Yala, .1()h rlnh ('()()rni n;=trnr 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember(s): Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate. trust J receiver, syndicate. this and any other county. city and country, city. municipality. district or other political subdivision, or any other group or combination acting as a unit." [C,IWP51ICOUNCILIDISCLOSE.TXT] ~oL~ Sig'nature of CO ctor/applicant Pa};tlci.. Vtf4&glL Print or type name of contractor/applicant 86--3 (NOTE: Attach additional pages as necessary) Date: ;1~ IL.J( {qq3 [Revised, ll130(90J ..-------- . THE ACCESS CENTER CSCD BOARD OF DIRECTORS 1992-93 COMMITTEES DISABILITY Ronald L. Penksa, Chair Vice President, Investments 260 West Grand Avenue Escondido, CA 92025 741-8319 Finance Royce Hamrick, Vice-Chair 7707 Mission Gorge Rd #25 San Diego, CA 92120 Development Mobility Burt Eaves, Treasurer Vice President & Manager San Diego Trust & Savings 231 West Main Street EI Cajon, CA 92020-4584 Finance Anne Heller, Secretary Personnel, Program Associate Dean of Disabled Students San Diego community College District 4610 Van Dyke Ave San Diego, CA 92116 Betty Bacon Director, SDSU Disabled Student Services 5667 Fontaine Street San Diego, CA 92120 Program, Nominating Mobility Berenice Bernard Architect 4375 Alamo Drive San Diego, CA 92115 Personnel Mobility Building Michael conroy 3996 Shasta st #103 San Diego, CA 92109 Nominating Mobility Building Rick Garcia Building American Ozark General Inc. P.O. Box 740829 Building Mobility Arnold Fluster Management Analyst 10449 Westchester Avneue San Diego,CA 92126-3340 Development By-Laws Diabetes .-- ~G-i Jim Mcvay 1205 Savoy Street San Diego, CA 92107 Robert Meissner Videographer 9522 Via Pereza Street San Diego, CA 92129 Sharon Terrill Public Affairs Manager Pacific Bell 525 B Street suite 1770 San Diego, CA 92101 Ray Uzeta Executive Director Chicano Federation 610 22nd Street San Diego, CA 92102 Diane Ward Ward & Associates 5230 Carroll Canyon Rd Suite 106 San Diego, CA 92121 Finance Public Relations Development By-Laws Executive Advisory Council Nominating Building Development Finance Executive Advisory ,-- ?G-S-- Mobility Neuro- Muscular AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF COMMUNITY SERVICE CENTER FOR DISABLED IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Community Service Center for Disabled, a non-profit organization ("Grantee"), and is made with reference to the following facts: REC!TAL~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this agreement shall be for a period of one (1) year, from July I, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income ReQuirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons WPC F:\HOME'COMMDEV\l086.93 & 1087_93 g-G-~ Page 1 provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for Social Services on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $9,000 (Nine Thousand Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract. 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. WPC F:\HOME'COMMDEV\1086.93 & 1087.93 i?C--? Page 2 7. Assignment. The services of Community Service Center for Disabled are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete f'mancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Community Service Center for Disabled, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " II. Other Program Requirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. :>S6-s Page 3 WPC F:'\HOME\COMMDEV\1086.93 & 1087.93 15. Drug-free WorkDlace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. WPC F:\HOME'lCOMMDEV\l086.93 & 1087.93 ?[C-j Page 4 . . 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from COBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista A TrEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney COMMUNITY SERVICE CENTER FOR DISABLED BY: jJJlrv/.};u- t~ Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure Statement NOT SCANNED WPC F:'JIOME'COMMDEV\1086.93 & 1087.93 yc;-/tJ Page 5 / THE ACCESS CENTER OF SAN DIEGO. INC. (formerly Community Service Center for the Disabled! 1295 University Avenue # I O. San Diel!o. CA 92103.3333 (619) 293.3500 . (619) 293-7757 TOO . (619) 293.3508 FAX '- CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT JOB CLUB FUNDING FOR 1993-94 EXHIBIT A STATEMENT OF WORK AND PERFORMANCE SCHEDULE The City of Chula vista 1994 CDBG grant award of $9,000, along with the balance of $1,100 remaining from our 1992-93 allocation, will enable the agency to provide Job Club Services to at least 120 disabled individuals, including a minimum of 108 Chula vista residents, between the period of July 1, 1993 and June 30, 1994. An average of 9 Chula vista residents will be .served each month through this program. EXHIBIT B :I'lE>lIZID J:llJUjIS"l" 'lurAL 0illIA VISTA <mlER Servioe PraI7ider 50% salary & Fringe J3enefits(20%) $12,100 $10,100 $2,000 S"ppcl""~d. in ...n. =1 o 8'G II U...U:..d .......V/CHAC C~mp.,<;~ Southern California Metropolitan Areas Anaheim-santa Ana PMSA (orange County) Bakersfield MSA (Kern County) Los Angeles-Long Beach PMSA (Los Angeles County) Oxnard-ventura PMSA (Ventura county) Riverside-San Bernardino PMSA (Riverside-san Bernardino counties) .san. DiegO)1S!'\1:; '(.s ari'i;Dreg~(Nh1;y.h "... :_~~;;'.;:..;,":L.,:,::j~&\S:r-..-:k;L,,"-'''''' sant~ Barbara-santa Maria-Lompoc MSA (santa Barbara county) southern California Non-Metro counties Imperial County Inyo county Mono County San Luis Obispo County FY '93 Median Family Income $56,500 $35,000 $43,000 $55,200 $41,100 -----------------------------INCOME LIMITS_____________________J:~lJl~IJ[__~ 1 Per -Low-Income 27,800 Very Low-Income 19,800 Low-Income 20,150 Very Low-Income 12,600 Low-Income 27,050 Very Low-Income 16,900 -Low-Income 27,800 Very Low-Income 19,300 Low-Income 23,000 Very LOW-Income 14,400 2 Per 31,750 22,600 23,050 14,400 30,900 19,300 31,750 22,100 26,300 16,450 3 Per 35,750 25,400 25,900 16,200 34,800 21,750 35,750 24,850 29,600 18,500 4 Per 39,700 28,250 28,800 1~,000 38,650 24,150 39,700 27,600 32,900 20,550 5 Per 42,900 30,500 31,100 19,450 41,750 26,100 42,900 29,800 35,500 22,200 6 Per 46,050 32,750 33,400 20,900 44,800 28,000 46,050 32,000 38,150 23,850 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 8 Per 52,400 37,300 38,000 23,750 51,000 31,900 52,400 36,450 43,400 27,150 \$43; 900 fLOW-Income ' 2145'"630500.::.21'.'78,, ls0s00t63191','760S00 ,,3251','9iOS'00 .P273',}7.5000Ki~Q5..;!t,..1.5.5i~~~al:S:,.~0.'"~8 '. .,_...........Very-Low-Income ~ '4 (6!l:l11:2?l!l2'o'(j_l~ra~1f61I $45,500 $27,700 $33,600 $39,600 $40,900 Low-Income 25,500 Very Low-Income 15,950 Low-Income 19,200 Very LOW-Income 12,000 Low-Income 20,200 Very-Low Income 12,650 LOW-Income 22,200 Very Low-Income 13,850 Low-Income 22,900 Very Low-Income 14,300 29,100 18,200 21,950 13,700 23,100 14,450 25,350 15,850 26,200 16,350 32,750 20,450 24,700 15,450 26,000 16,250 28,500 17,800 29,450 18,400 -Low-Income Limit subject to the national median family income level of $39,700. 36,400 22,750 27,450 17,150 28,900 18,050 31,700 19,800 32,700 20,450 NOTE: CALIFORNIA MEDIAN l'&'1ILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. 39,300 24,550 29,650 18,500 31,200 19,500 34,200 21,400 35,350 22,100 42,200 26,400 31,850 19,900 33,500 20,950 36,750 22,950 37,950 23,700 45,150 28,200 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 48,050 30,050 36,200 22,650 38,100 23,850 41,800 26,150 43,200 27,000 ~ .l \tJ ex; RESOLUTION NO. I 'lJ 8"~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AIDS FOUNDATION SAN DIEGO AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the timeframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on file in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by ,<!L 1ft. Chris Salomone Community Development Director Bruce M. Boogaard City Attorney ?II -/ /811-5 WPC F:\HOME\COMMDEV\1132.93, 1131.93 h THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: I. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. ....... AID~ ~"...cl.o..-tM. ~ D~o 2. If any person identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. No,,~ 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. Sa. ",*...Jv...L ~4 . 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. u..~l.. }-Jo-,-,. '-"4 ~~ ~~ 'C>IA-N~ ~""IJ~ ~." t=.,.,..u t-Jt:r S..,AN Cou:.. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No X. If yes, state which Councilmember(s): Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) Date: t [C,IWPSIICOUNCILIDISCLOSE.TXT] 6/'J---3 C~L. ~;n Print or type name of ontractor/applicant [Revised, IlI30/90( ... AIDS Foundation San Diego Board of Directors - July 1993 ------------------------------------- ------------------------------------- Garrett Dettling, Ph.D Counselors/Consultants 2550 Fifth Avenue #520 San Diego, CA 92103 231-3855 FAX 231-0910 276-8143 ------------------------------------- ------------------------------------- Lois French (Robert) 9226 Briercrest Drive La Mesa, CA 91942 463-800 1 -------------------------------------- -------------------------------------- Gloria Ann Garcia Girl Scouts of America P.O. Box 3681 San Diego, CA 92163 298-8393 (ext. 270) ------------------------------------- ------------------------------------- Yolanda Jackson Wells Fargo Bank 1350 Fashion Valley Rd. San Diego, CA 92108 688-3445 ------------------------------------- ------------------------------------- Susanna Knott, Ph.D 3356 Second Ave., Ste G San Diego, CA 92103 574-7611 ------------------------------------- ------------------------------------- Ken Komweibel 3629 Louisiana Street San Diego, CA 92104 291-4293 Interior Design ------------------------------------- ------------------------------------- Tom Lidot Indian Health Council Box 406 Pauma Valley, CA 92061 749-1410 ------------------------------------- ------------------------------------- DennisJ. McCune(Chri~ 5780 Amari110 Avenue La Mesa, CA 91942-2889 466-1115 ------------------------------------- ------------------------------------- S// ~ 'I . ------------------------------------ ------------------------------------ Walden Miller, Ph.D 1027 E Fifth Ave Escondido, CA 92025 739-8429 Researcher HIV Neurological Research Center 27&:1 Fifth Avenue, SD 92103 543-5050 FAX543-1235 ------------------------------------- ------------------------------------- Mark Mischan 4237 33rd St. San Diego, CA 92104-1403 584-4918 Client Representative ------------------------------------- ------------------------------------- Dale Poe (George) 8211 Vincetta Drive #22 La Mesa, CA 91942 698-4294 (roommate, Phil) Client Representative ------------------------------------- ------------------------------------- Steve Vealey Plumbers/Steamfitters U .A. 3909 Centre Street San Diego, CA 92103 297-1851 FAX297-9858 271-1333 ------------------------------------- ------------------------------------- Kim Yvette Walker 4020 Utah Street #13 San Diego, CA 92103 291-8727 Assistant Director American Indian Health Ctr ------------------------------------- ------------------------------------- Katherine D. Waller 6019 Portobelo Court San Diego, CA 92124 292-1253 Dean of Student Affairs UCSD Gradutate School of International Relations 534-5914 FAX534-3939 ------------------------------------- ------------------------------------- Carol A. Nottley Executive Director AIDS Foundation San Diego 4080 Centre Street San Diego, C4 92103 686-5050 fj/f5 ~ AGREEMENT SETfING OUT TERMS AND OBLIGATIONS OF AIDS FOUNDATION SAN DIEGO IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and AIDS Foundation San Diego, a non-profit organization ("Grantee"), and is made with reference to the following facts: REC!TAL~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; . NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Requirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons WPC F:\HOME'COMMDEV\1086.93 &. 1087.93 lr f/~~ Page 1 provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for Social Services & Case Management on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $4,000 (Four Thousand Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); ( e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. WPC F:\HOME'COMMDEV\l086.93 &. 1087.93 ;r)j~7 Page 2 7. Assignment The services of AIDS Foundation San Diego are personal to that organization. The Performance of this agreement may not, by subagreemeIit, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete xmancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of AIDS Foundation San Diego, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative ReQuirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " II. Other Program ReQuirements. The Grantee shall carry out each activity specified under'this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. ~fj-~ Page 3 WPC F:\HOMBCOMMDEV\1086.93 & 1087.93 15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in conneetion with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CPR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's controL The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. (?'}j~7 Page 4 WPC F:IIIOME'COMMDEV\l086.93 & 1087.93 . . 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and 'any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of . 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney AIDS FOUNDATION SAN DIEGO BY: ~(L~, Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure Statement NOT SCANNED WPC F:'HOMECOMMDEV\l086.93 &. 1087.93 ?/7-/0 Page 5 . . EXHIBIT A July 14, 1993 City of Chula Vista Community Development Department 276 Fourth Avenue Chula Vista, CA 92010 Attention: David Harris ATTACHMENT TO AGREEMENT Chula Vista 1993-94 CDBG Funding for AIDS Foundation San Diego 1. DESCRIPTION Chula Vista CDBG funding shall be used to maintain a current level of service the AIDS Foundation San Diego (AFSD) Clinical and Social Services Program is providing to Chula Vista residents through Case Management Services. These services are provided at the AFSD offices located at 4080 Center Street, San Diego, except in cases where a home or hospital visit is required. Case Management Services. AFSD' s Clinical And Social Services Program provides a variety of ongoing services which are available to Chula Vista individuals and families affected by HIV disease. People with AIDS or ARC who work with AFSD Case Managers are assisted with the proper and timely filing of public benefit forms and applications, are provided with a psychological assessment, legal guidance, and referrals to social services, housing and health care facilities. Case Managers also provide help with client's families, counseling services and referrals to all the other programs and services provided by AFSD including Truax House, the Food Bank, Buddy Program, Support Groups, Recreation and Transportation Services. Number of Chula Vista Clients Served. Fifty (50) residents of Chula Vista benefitted from AFSD Clinical and Social Services in 1992-1993 and we estimate that approximately fifty residents will be served in 1993-1994 with current CDBG funding. Most of these clients fall below the Federal "low income" status. AFSD identifies clients through outreach activities, walk-ins, and referrals from County agencies, medical care providers and other social service agencies. From the Chula Vista area AFSD will receive referrals from the Episcopal Community Services, Social Security Offices, UCSD, and community clinics in other cities. 2'JI~// To supplement these case management services, AFSD has initiated a weekly Publics Benefits Clinic which offers people with HIV disease the opportunity to be assisted by professionals from a variety of fields of expertise with Public Benefits procedures and entitlement applications. Community Education and Outreach. Community educational and aCcess to these services and programs are made available through outreach and education programs which include the Speaker's Bureau, AIDS in the Workplace Programs and street outreach. In addition, all Chula Vista residents have access to English and Spanish information and services through AFSD as well as referrals to other services and programs. 2. SCHEDULE Expected Number of Chula Vista Clients to Be served by AFSD Case Management Services in 1993-1994: 50 Chula Vista CDBG funds will be used in the provision of Case Management Services. Should the number of clients from Chula Vista fall below the projected number, AFSD will assess outreach and referral programs to assure Chula Vista clients and local social and health care providers are maximizing their use of the AFSD Case Management program. The number of clients and the number of hours dedicated to services in Chula Vista by Case Management will be monitored on an annual basis. During 1992-93, AFSD served approximately 50 clients from Chula Vista which represented approximately 5.5% of the total AFSD case load. For the purpose of this funding cycle AFSD will assume that 5.5% of its entire case load will come from Chula Vista. Four full-time Case Managers provide a minimum of 160 staff hours per week. At an average rate of $16.50/hour, clients: from Chula Vista receive $145.00 in AFSD Case Management services each week or $7,500.00 per year ($1875.00 per quarter). This does not include the Director of Clinical and Social Services salary, rent, office equipment, or administration expenses. Chula Vista CDBG funds will be directly applied to Case Management staff salaries. In addition to Case Management services, Chula Vista residents will also receive other services provided by AFSD such as Food Bank, Transportation, Buddy Program, Emergency Assistance Fund, Support Groups, Recreation Programs and other educational services. These services are not funded by the current Chula Vista CDBG funding. y)j//c2 3. BUDGET ITEM Salaries/Benefits CDBG 4,000 Rent Equipment/Supplies Administrative Overhead TOTAL 4,000 BUDGET FOR CHULA VISTA SERVICES ITEM Salaries/Benefits Rent Equipment/Supplies Administrative Overhead PCT 5.5 5.5 5.5 5.5 TOTAL 12,980 660 1,320 2,200 TOTAL 17 ,160 4. RECORDS TO BE MAINTAINED. EXHIBtT 8 AFSD TOTAL 236,000 240,000 12,000 12,000 24,000 24,000 40,000 40,000 312,000 316,000 CDBG 4,000 AFSD 8,980 660 1,320 2,200 4,000 13,160 During this period, AFSD Case Managers will keep accurate records of the number or clients the agency receives from Chu1a Vista, the services that these clients required, and the AFSD services that were requested. EVALUATION. The Director of Clinical and Social Services is responsible for Internal Evaluation Policies and Procedures. Quality Assurance includes Client Satisfaction Surveys and client follow-up to be sure that clients are receiving satisfactory assistance and support. Application of the Chula Vista CDBG funds for AFSD Case Management Services will be applied to services rendered between June 1, 1993 and May 31, 1994. These statistics will be periodically assessed in order to report on the number of clients being served from Chula Vista, and the types of services Chula Vista residents are requiring. 25)/-/3 southern california Metropolitan Areas FY '93 Median Family Income Anaheim-santa Ana PMSA (orange County) Bakersfield MSA (Kern county) -----------------------------INCOME LIMITS---------------------I:~lJl~lJ[--~ 1 Per $56,500 -Low-Income 27,800 Very Low-Income 19,800 $35,000 Low-Income 20,150 Very Low-Income 12,600 $43,000 Low-Income 27,050 Very Low-Income 16,900 Los Angelee-Long Beach PMSA (Los Angeles County) oxnard-ventura PMSA (Ventura county) $55,200 -Low-Income 27,800 Very Low-Income 19,300 $41,100 LOW-Income 23,000 Very Low-Income 14,400 Riverside-San Bernardino PMSA (Riverside-san Bernardino counties) 2 Per 31,750 22,600 23,050 14,400 30,900 19,300 31,750 22,100 26,300 16,450 3 Per 35,750 25,400 25,900 16,200 34,800 21,750 35,750 24,850 29,600 18,500 4 Per 39,700 28,250 28,800 18,000 38,650 24,150 39,700 27,600 32,900 20,550 5 Per 42,900 30,500 31,100 19,450 41,750 26,100 42,900 29,800 35,500 22,200 6 Per 46,050 32,750 33,400 20,900 44,800 28,000 46,050 32,000 38,150 23,850 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 8 Per 52,400 37,300 38,000 23,750 51,000 31,900 52,400 36,450 43,400 27,150 '~~,3J~,.0~ "Low-Income 24,600 28il00 31,600,35,io037,950';;40;,,1~g~~li;~~itR:tgi<<4~.m= 'verY Low-Income 15,350 '17,550"19;750"- 21i 95023;700~''25'r450-2'7~'0'6~e'l'9-s'0'" pan Diego,MSAt '(S"h"'Di'eg~C5uhty ), : ,~'_~_<~LL.E-J.&>i:.:~~;:t~:J:;'-,,-u..j;.. Santa Barbara-santa Maria-Lompoc MSA (Santa Barbara County) $45,500 southern California Non-Metro countiee Imperial County $27,700 Inyo County $33,600 Mono county $39,600 san Luis Obispo County $40,900 Low-Income 25,500 Very LOW-Income 15,950 LOW-Income 19,200 Very Low-Income 12,000 Low-Income 20,200 Very-Low Income 12,650 LOW-Income 22,200 Very Low-Income 13,850 LOW-Income 22,900 Very Low-Income 14,300 29,100 18,200 21,950 13,700 23,100 14,450 25,350 15,850 26,200 16,350 32,750 20,450 24,700 15,450 26,000 16,250 28,500 17,800 29,450 18,400 -Low-Income Limit subject to the national median family income level of $39,700. 36,400 22,750 27,450 17,150 28,900 18,050 31,700 19,800 32,700 20,450 NOTE: CALIFORNIA MEDIAN ,hMILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. 39,300 24,550 29,650 18,500 31,200 19,500 34,200 21,400 35,350 22,100 42,200 26,400 31,850 19,900 33,500 20,950 36,750 22,950 37,950 23,700 45,150 28,200 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 48,050 30,050 36,200 22,650 38,100 23,850 41,800 26,150 43,200 27,000 ~ '~ ~ &; RESOLUTION NO. /? I ~7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YWCA BATTERED WOMEN'S SERVICES AND AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the timeframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on file in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by B~OO~ ~ City Attorney t1'''/ jSJ-5 Chris Salomone Community Development Director Wf'(; F:\HOME\COMMDEV\l132.93, 1131.93 f . THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. ~~{.'n o-f ~;:l'n n-lPT rhlmt-y 2. If any person identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. NJNE 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See attached list 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No -.lL If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Jat:l;9 T"l::::l"ri C! "Rvt:::lf""11t-i....TP nir~+-llr rnrnp 1 ia ~n. Director Battered \\brren' s Services 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ----X- If yes, state which Councilmember(s): Person is defined as: "Any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county. dty and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unil." (NOTE: Attach additional pages as necessary) Date: July 15, 1993 [CIWP51ICOUNCILIDISCWSE.TXT] Janie D3.vis ZI- _s Print or type name of contractor/applicant [Revised: 11130/90] YWCA OF SAN DIEGO COUNTY BOARD OF DIRECTORS ROSTER FEBRUARY 1993 NAME ADDRESS TERM PHONE ELVIA AGUILAR 256 CORALWOOD 1/93 H 422-3462 CHULA VISTA, CA 91910 W 260-7003 JANICE BROWN SELTZER, CAPLAN & McMAHON 1/94 H 497-1707 750 B STREET, 21ST FLOOR W 685-3003 SAN DIEGO, CA ~2101 F 685-3100 LINDA CHESNUT 11030 FORESTVIEW LANE 1/94 H 578-3531 FINANCE CHAIR SAN DIEGO, CA 92131 W 549-7522 F 549-7525 DIANE DEGAILLEZ 108 BLUE ASH COURT 1/95 H 634-0867 ENCINITAS, CA 92024 W 633-1010 MICKI FARRELL 2123 CAMINITO SAN MARTIN 1/95 H 454-2123 LA JOLLA, CA W 531-1500 IRENE FREEMAN 1550 HOTEL CIRCLE NORTH 1/95 H 691-9325 SUITE 110 W 542-0400 SAN DIEGO, CA 92108 JOAN MARTiN (*E) C/O CALL DOCTOR, INC. 2/93 H 226-8863 CAMPAIGN CHAIR 2924 EMERSON ST., STE. 300 W SAN DIEGO, CA 92106 F EUPHEMIA NG 11078 AVENIDA PLAYA VERA CRUZ 2/95 H 467-1073 SAN DIEGO, CA 92124 W 235-4282 ASHLEY PHILLIPS 2850 SIXTH AVENUE #311 2/95 H 756-3574 (LEAVE OF ABSENCE) SAN DIEGO, CA 92103 W 298-9352 F 298-3406 PEGGY PRICE (*E) 900 ALAMEDA BLVD. 2/93 H 435-2358 SECRETARY CORONADO, CA 92118 JULIE SHAKE (*E) 3636 ARIZONA ST. 1/94 H 692-9273 TREASURER SAN DIEGO, CA 92104 0):/1 NAME ADDRESS TERM PHONE ELLEN STANBROUGH 4070-19 PORTE LA PAZ 1/94 H 455-0194 SAN DIEGO, CA 92122 W 691-2909 JOANN STANG 3536 EMERSON ST. 1/94 H 222-1680 SAN DIEGO, CA 92106 W 544-5127 F 544-2682 MARY LOU WASHATKAC*E) 6283 LAKEWOOD STREET 2/95 H 546-8250 PRESIDENT SAN DIEGO, CA 92122 F 546-8250* *(call first) SHEILA WASHINGTON WASHINGTON ENTERPRISES 1/94 H 238-4313 225 BROADWAY W 237-0559 SAN DIEGO, CA 92101 F 237-0521 LAURA WYNNE 3527 MARATHON DRIVE 1/95 H 292-9497 SAN DIEGO, CA 92123 *E EXECUTIVE COMMITTEE MEMBER (H - HOME; W - WORK; F - FAX) (PHONE NUMBER IN BOLD IS THE PREFERRED NUMBER TO CALL) (jf-5 ., AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF YWCA BATTERED WOMEN'S SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and YWCA Battered Women's Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: REC!TAL~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this agreement shall be for a period of one (I) year, from July I, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons WPC F:\HOMBCOMMDEV\l086.93 & 1087.93 (?J- t Page 1 '. provided services sh,all be of low income, as detennined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incOlporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for Men's Counseling on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shilll compensate Grantee for said services up to a maximum of $5,000 (Five Thousand Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. WPC F:'JIOMBCOMMDEV\l086.93 & 1087.93 ~I-? Page 2 7. Assignment. The services of YWCA Battered Women's Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fmancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered " pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of YWCA Battered Women's Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " 11. Other Program Requirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC F:\HOMECOMMDEV\1086.93 & 1087.93 tf]: ~ 2/ Page 3 IS. Drug-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CPR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CPR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. WPC F:\HOME'COMMDEV\l086.93 &. 1087.93 'iJf-'j Page 4 . I ~ . 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney YWCA BATTERED WOMEN'S SERVICES BY~~" [hi Jr:O Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure Statement NOT SCANNEi:.' WPC F:\HOMb'COMMDEV\l086.93 &. 1087.93 '6J- It} Page 5 Exhibit A YWCA OF SAN DIEGO COUNTY BATTERED WOMEN'S SERVICES STATEMENT OF WORK AND PERFORMANCE SCHEDULE The YWCA/BWS Men's Counseling service holds two domestic violence treatment counseling groups for court referred clients. These groups are held at 6:30 pm and at 8:00 pm, on Wednesday nights at the Chula vista Boys and Girls Clubs, 1301 Oleander. Both groups are conducted in Spanish by Lauretta Orosco, MA, a skilled facilitator with extensive experience in domestic violence counseling and a particular expertise in working with the Latino family. Groups combine psycho-educational techniques utilizing written and visual materials in spanish, and group therapy. July 1993-June 1994 Groups are held each week (with the exception of the Christmas holiday). New members continue to be assigned to the groups with the optimum membership of 12 men per group. Clinical supervision is provided by the clinical director, Julia Ritzo, MA, MFCC, and overall program supervision is provided by the director of Battered Women's Services, Cordelia Ryan. 7/93 ""; ~ / 15..1 ~ J Salaries/Benefits: Rent: utilities: Equipment/Supplies: Travel: Printing: Postage: Insurance: Subtotals: TOTAL: $7307 7/93 Exhibit B YWCA OF SAN DIEGO COUNTY BATTERED WOMEN'S SERVICES ITEMIZED BUDGET CDBG $2652 OTHER FUNDS $1357 1248 100 100 800 200 300 200 100 100 250 $5000 $2307 ?!f./J~ Southern california Metropolitan Areas Anaheim-Santa Ana PMSA (orange county) Bakersfield MSA (Kern County) Los Angeles-Long Beach PMSA (Los Angeles County) Oxnard-Ventura PMSA (Ventura county) Riverside-San Bernardino PMSA (Riverside-san Bernardino counties) san., Diego J.lSAj> ~Sari,*Ilfeg~9Iifi~Y)i t1'._"'-.~~~...:;ij.::1.,tC;~~~'" s~nta Barbara-santa Maria-Lompoc MeA (santa Barbara County) Southern california Non-Metro counties Imperial County Inyo county Mono County San Luis Obispo County FY '93 Median Family Income $56,500 $35,000 $43,000 $55/200 $41,100 -----------------------------INCOME LIMITS---------------------I:~ll}~lJ[--~ 1 Per "LOW-Income 27,800 Very Low-Income 19,800 Low-Income 20,150 Very Low-Income 12,600 Low-Income 27/050 Very Low-Income 16,900 "Low-Income 27,800 Very Low-Income 19/300 Low-Income 23,000 very Low-Income 14,400 2 Per 31,750 22/600 23,050 14/400 30,900 19,300 31/750 22,100 26,300 16/450 3 Per 35,750 25,400 25,900 16,200 34,800 21/750 35,750 24,850 29,600 18,500 4 Per 39,700 28,250 28,800 18,000 38,650 24,150 39,700 27,600 32,900 20,550 5 Per 42,900 30,500 31,100 19,450 41,750 26/100 42,900 29,800 35,500 22,200 6 Per 46,050 32,750 33,400 20,900 44,800 28,000 46,050 32,000 38,150 23,850 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 8 Per 52,400 37,300 38,000 23,750 51,000 31,900 52,400 36,450 43,400 27,150 \. $43 900 L I 24 600 28,'100 :...... 31,600.'.35,100 37 950.<;40>15Ii;i.~"43"ifS~.l\mrA'~ ',.,d,,-~,V~~~'~~~~~ncome 15: 350"17, 550"""19i750~' 21; 950 ;23:700i!;;;;25;r~5'~7l'2!Qi8~8~~.. $45,500 $27,700 $33,600 $39/600 $40,900 Low-Income 25,500 Very Low-Income 15/950 Low-Income 19,200 Very LoW-Income 12,000 Low-Income 20,200 Very-Low Income 12/650 Low-Income 22,200 Very Low-Income 13,850 Low-Income 22/900 Very Low-Income 14,300 29/100 18,200 21,950 13,700 23,100 14,450 25,350 15,850 26,200 16/350 32,750 20,450 24,700 15,450 26,000 16,250 28,500 17,800 29,450 18,400 'Low-Income Limit subject to the national median family income level of $39,700. 36,400 22,750 27,450 17,150 28,900 18/050 31/700 19,800 32,700 20,450 NOTE' CALIFORNIA MEDIAN !'AHILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. 39,300 24/550 29,650 18,500 31,200 19,500 34/200 21,400 35,350 22,100 42,200 26,400 31,850 19,900 33,500 20,950 36,750 22,950 37,950 23,700 45,150 28,200 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 48,050 30,050 36,200 22,650 38,100 23/850 41,800 26,150 43,200 27,000 01 ~ \ ' ~ RESOLUTION NO. I? I 8'8' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY FAMILY YMCA OF SAN DIEGO COUNTY (YMCA FAMILY STRESS CENTER) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the timeframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on file in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by B..1:00~d ~ City Attorney 8';T"J /g;f-Lj Chris Salomone Community Development Director 2. 3. 4. 5. 6. THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT ,-I Statement of disclosure of certain ownership interests, payments, or campaign contribl)tions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. YMCA of San Diego County Family Stress Center If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None If any person identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See attached list. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Gail N. Edwards, Ph.D., Director, FSC Richard A. Collato, President & CEO, YM~A or ~an u~ego Lounty Cynthia Bernee. M.F.C.C.. Program Dir.,FSC Volker Schwarz, Administrative Ass't., FSC Beverly DiGregorio, Vice President & Exec. Director, Human Development Services . YMCA of San Uie~o Co~nty Have you and/or your officers or agents, In the aggregate, contnomed more- than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember(s): Person is defmed as: "Any individual, ]inn, co-pal1nership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, distria or other political subdivision, or any other group or combination acting as a unit.. (NOTE: Attach additional pages as necessary) July 9, 1993 ;i.L;() ~ Signature of contractt>r/applicant Date: Richard A. Collato, President and CEO Print or type name of contractor/applicant 6J3 [c:\ WPSl \COUNClLIDISCLOSE.TXT] [Revi=l: 11/30/90J " , PENNY ALLEN Chairwoman Board ofGovemors President Allen & Company DAVIDARMSTRONG CEO & Vice Chairman Lanxise Sports International CELIABAlLESTERDS Anomey RICHARDBIGEWW Managing Partner Pu1burAnde~DCOmpaDY SooKBOWER Intemation Business Consultant DIRKBROEKEMAJR. President BowestCorporation RICHARDCHAU President ACASA MILTONR.CHEVERTON Chairman of the Board Cheverton & Associates Insurance VINCENTR.CIRUZZI Managing Director Analytical Business Solutions FREDERICK W. CWSE, M.D. Orthopedic Surgeon RICHARDA.COLLATO President & CEO YMCA of San Diego County STEVECONNER YMCA Chairman of the Board Real Estate Investments JAMESM.COWLEY Cowley & Chidester CHARLESC. EDWARDS, M.D. President & CEO Scripps Institutions of Medicine & Science GLEN ESTELL YMCA Vice Chairman Branch Manager IBM RON I.. FOWLER President Mesa Distributing YMCA OFFICERS & DIRECTORS HARRY D. FRELS Real Estate Broker LYLE GABRIELSON President Rick Engineering Company STEVEN F. GOETZ YMCA Treasurer Chief Financial Officer CaterpillarlSolar Turbines ROBERTH.GOLDSMITH Chairman & CEO (Retrred) Rohr Industries, Inc. CUFFORDGRAVES YMCA Vice Chairman Managing Partner G-Pro RONALD E. HAHN YMCA Vice Chairman Chairman of the Board Land Grant Development WARNER HARRAH Chairman of the Board Stewart TItle KARLA C. HERTZOG YMCA Vice Chairwoman President TOPS Total Personnel Setvice MURRAY HUTCHISON Chairman of the Board ITCorporation PAT HYNDMAN Chairman The Executive Committee (TEC) DAVID E.JANSSEN Chief Adminsitrative Officer San Diego County GORDONJOHNS Partner Delaitte & Touche RANDY JOHNSON Area Vice President, Public Affairs Pacific Bell HUBERT I.. KALTENBACH Vice Chairman CopleyNewspapets JAMESG. KENDRICK President & Chairman (Retired) WT. Grant Company RONALD KENDRICK YMCA Vice Chairman Senior Vice President Union Bank ALKERCHEVAL President kercbeval Engineers DAVID E. LWYD President Bay City Marine, Inc. JOSEPH MARTINEZ President Martinez, Cum & McArdle ROBERTB.MCLEOD President Newland Group,lnc. RICHARD W. MEADS Chainnan Knoth & Meads BRUCE N. MOORE Executive Partner (Retired) Barney & Barney Insurance JOSE MUNOZ, YMCA Vice Chairman President lEM,Ine. THOMAS F. NOON President DR Horton San Diego, Inc. RAYMOND PEIRCE International MaoagementConsultant ALAN R. PERRY YMCA Assistant Secretary Musick, Peeler & Garrett JAMES H. REED Senior Vice President (Retired) A.O. Reed & Company, Inc. PAUL RICHEY Executive Vice President Owen.Josepb Asset Management SYLVIA RIDS President Fir.>t Security Mortgage JOHN M. ROBBINS, JR. Chairman, President & CEO American Residential Mortgage Corp. 8":;: 'I DONALD ROON President The Roon Foundation JAMESA.SIMPSON Immediate Past Chairman Chairman oftbe Board & President Trade Service Corporation BALLARD SMITH Chairman of tbe Board Premier Foods ANTHONY SORGE President Stratagene DREWTANZMAN Senior Vice President Wells Fargo Bank ROBERT A. TJOSVOLD Senior Vice President Bank of America RAY TWIGG President, Chairman & CEO SymTek GILBERT VASQUEZ President Industrial Data Link Corporation CAROL WALLACE Executive Vice President & General Manager San DiegoC....onvention Center ROBERT WATKINS YMCA Secretary Managing Director RJ. Watkins & Company, Ltd. JAMES R. WILLJAMS President K.eamy Mesa Toyota ROBERTE. WILLIAMS Senior Vice President Marketing Sharp Health Care WALTERJ.ZABLE YMCA Vice Chairman CEO& Chairman of the Board Cubic Corporation AGREEMENT SEllING OUT TERMS AND OBLIGATIONS OF , YMCA FAMILY STRESS CENTER 'j)l.ejD IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED VSlA'I'- 1'f1-l (-A ~ P'1 THIS AGREEMENT is made this July 20, 1993, for the purpo~ss refgnce only, and effective as of the date last executed between the parties, between the ity of Chula Vista ("City~ herein, a municipal corporation of the State of California, and CA Family Stress Cente9 a non-profit organization ("Grantee"), and is made with reference to the following facts: REC!TAL~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement The term of this agreement shall be for a period of one (1) year, from July 1, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income ReQuirement The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons WPC F:lHOME'COMMDEV\I086.93 & 1087.93 g~Y- Page 1 provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for Child Abuse Treatment Services on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $20,000 (Twenty Thousand Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for personS/households served during the previous quarter: (a) the total number of personS/households served; (b) the number of personS/households receiving each type of service provided; ( c) of the personS/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (t) number of female-headed households served. WPC F:\HOME'COMMDEV\1086.93 & 1087.93 SVT-? Page 2 7. Assignment The services of YMCA Family Stress Center are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete rmancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of YMCA Family Stress Center, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " 11. Other Program Requirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CPR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CPR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CPR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and. shall only be used by Grantee for the services funded under this agreement All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CPR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. ~ g--J-7 Page 3 WPC F:\HOMECOMMDEV\1086.93 & 1087.93 15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation,. renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance .with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. WPC F:\HOMECOMMDEV\l086.93 & 1087.93 ?:r-I) Page 4 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at. the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista A TrEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney YMCA OF SAN DIEGO COUNTY ( YMCA FAMILY STRESS CENTER) By:P.-1 O~X- I' Richard Collato President & CEO Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure Statement NOT SCANNED WPC F:\HOME'COMMDEV\1086.93 &:. 1087.93 ![~~ 1 Page 5 " EXHIBIT A CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT YMCA Family Stress Center STATEMENT OF WORK FOR 1993-94 1. Description The CDBG funds will be used towards the personnel costs of staff of the Child Abuse Treatment Services' (CATS) program. CATS staff will provide individual, family and group counseling services for a minimum of 250 Chula Vista residents (children and adults) who are dealing with the issues of child physical, sexual and emotional abuse. Services will be provided at our main location of 571 Third Avenue, Chula Vista, 91910, and at satellite locations in the South Bay area (generally donated space in public school or community churches.) 2. Schedule Section Due to the long term nature of treatment for child sexual abuse, which constitutes approximately eight per cent of the total service delivery at Family Stress Center, there are a number of cases which are carried over to the next fiscal year. In light of this, it is anticipated that the number of "new" clients will be largest in the first quarter. The estimated schedule is as follows: Cumulative number of individuals seen by: End of first quarter: End of second quarter: End of third quarter: End of fourth quarter: 150 200 225 250 * * Additional Chula Vista residents receive Family Stress Center services in other programs and through other funding sources. YMCA Family Stress Center Budget For 1993-94 EXHl8IT B Gross Salary FICA Unemployment Workers' Compensation Retirement Medical 2f~)tJ $16,840.00 1,287.00 70.00 674.00 878.00 251. 00 TOTAL: $20,000.00 Southern california Metropolitan Areas Anaheim-Santa Ana PMSA (orange County) Bakersfield MSA (Rern county) Los Angeles-Long Beach PMSA (Los Angeles county) oxnard-Ventura PMSA (Ventura county) Riverside-San Bernardino PMSA (Riverside-san Bernardino Counties) FY '93 Median Family Income $56,500 $35,000 $43,000 $55,200 $41,100 -----------------------------INCOME LIMITs_____________________l:~\ll~lJ[__~ 1 Per "Low-Income 27,800 Very Low-Income 19,800 Low-Income 20/150 Very Low-Income 12/600 Low-Income 27,050 Very Low-Income 16/900 "Low-Income 27,800 Very Low-Income 19/300 Low-Income 23,000 Very LOW-Income 14/400 2 Per 31,750 22,600 23/050 14,400 30/900 19/300 31,750 22/100 26,300 16,450 3 Per 35,750 25,400 25,900 16,200 34,800 21,750 35,750 24,850 29,600 18,500 4 Per 39/700 28/250 28/800 1~,000 38/650 24/150 39/700 27/600 32,900 20,550 5 Per 42,900 30,500 31,100 19,450 41,750 26,100 42,900 29/800 35,500 22,200 6 Per 46,050 32,750 33,400 20,900 44,800 28,000 46,050 32,000 38,150 23,850 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 8 Per 52,400 37,300 38,000 23,750 51,000 31,900 52,400 36,450 43,400 27,150 '~~3.'_~00 ~~i~I~~~~;ncome i~: ~~g- n:m;,m~~g ~.. ~~: ~~g~;:~~g,,;~g:,ng~~4,~~-,~gi San Diego .,MSA/ 'lsarW;j)reg~~unty), . .,'_ ~__'.__':..;,:-.':..'.'~\;:i.~t:t.j:;.JJ.~~" santa Barbara-Santa Maria-Lompoc MeA (Santa Barbara County) southern california Non-Metro counties Imperial county Inyo county Mono county san Luis Obispo county $45,500 $27,700 $33,600 $39,600 $40,900 Low-Income 25,500 Very LOW-Income 15,950 Low-Income 19/200 Very Low-Income 12,000 Low-Income 20,200 Very-Low Income 12,650 LOW-Income 22,200 Very Low-Income 13,850 Low-Income 22,900 Very Low-Income 14,300 29/100 18,200 21,950 13,700 23,100 14/450 25/350 15,850 26,200 16,350 32,750 20,450 24,700 15,450 26,000 16/250 28,500 17,800 29,450 18,400 36/400 22,750 27,450 17,150 28,900 18/050 31/700 19,800 32,700 20,450 "Low-Income Limit subject to the national median family income level of $39,700. NOTE' CALIFORNIA MEDIAN l'hHILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34/200. 39,300 24/550 29,650 18,500 31,200 19/500 34/200 21,400 35,350 22,100 42,200 26,400 31,850 19,900 33,500 20,950 36,750 22,950 37,950 23,700 45,150 28,200 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 48,050 30,050 36,200 22,650 38,100 23,850 41,800 26,150 43,200 27,000 ~ ~ .~~ 0Q RESOLUTION NO. /7/ y, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YMCA OF SAN DIEGO COUNTY (SOUTH BAY FAMILY YMCA SUNSHINE COMPANY) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the timeframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on file in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by AP-"tL;~ Bruce M. Boogaard 8' K. I !g ;~8ey Chris Salomone Community Development Director .' . - , THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, i.e" contractor, subcontractor, material supplier. YMCA of San Diego County South Bay Family YMCA 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. NONE 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit,organization or as trustee or beneficiary or trustor of the trust. "See Attached list" 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No l If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Richard A. Colla to Tina Williams Alberta Hartung Gigi Michaels 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No -1L. If yes, state which Councilmember(s): Person is defined as: "Any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a .unit. II (NOTE: Attach additional pages as necessary) Date: ~ 14 I ICf93 \ ~ -/.WJ.l-t~,a) Signature of contractor/applicant ~1~Tj~~ L.. WILl...-tA-fY15. ('YMCA) Print or type name of contractor/applicant 7 J(- 3 [Revi",d, 1lI30/90] [C,IWP51ICOUNCILIDISCLOSE.TXT] Name Vince Acosta Member Class of 1994 Penny Allen Member David Class of 1996 Ken Baumgartner Vice ChaIT Bonnie Class of 1996 Don Blind Member Class of 1994 Joanne Carson Member Kent Class of 1995 T. Pat Cavanaugh 1st Vice Chair Class of 1994 J. R. Chantengco Member Class of 1995 Melvin Cowherd Member Midge Class of 1995 Greg Cox Member Cheryl Class of 1995 Updated 7/13/93 South Bay Family YMCA 1993-94 Board of Management Study Advisory Committee Business Address CA DepL of Rehabilitation 678 Third Avenue; Ste. 205 Chula Vista, CA 91910 426-8720 AlIen & Company P.O. Box 120232 Chula Vista, CA 91912 425-7606 FAX: 420-2601 McMillin Communities 2727 Hoover Avenue National City, CA 91950 477-4117 X217 FAX: 336-1587 Laidlaw Waste Systems, Inc. 881 Energ~Way Chula Vista, CA 91911 421-9400 FAX: 421-0841 57 Millan Court Chula Vista, CA 91910 420-9997 . STAR NEWS P.O. Box 1207 Chula Vista, CA 91912 427-3000 Tri West Group 7676 Hazard Center Drive; 5th Floor San Diego, CA 92108 497-2552 394 Corte Maria Chula Vista, CA 91910 422-5108 Cox & Associates 3130 Bonita Road; Ste. 200 Chula Vista, CA 91910 585-7007 FAX: 691-9854 I?J(-i Home Address 1538 Via Hacienda Chula Vista, CA 91913 425-1687 666 Mariposa Circle Chula Vista, CA 91911 421-4639 11335 Crazy Horse Drive Lakeside, Ca 91940 561-1863 2092 B Northshore Drive Chula Vista, CA 91913 421-4819 160 Quintard St. Chula Vista, CA 91910 691-5490 1213 Fallbrook Court Bonita, CA 91902 425-3917 394 Corte Maria Chula Vista, CA 91910 422-5108 647 Windsor Circle Chula Vista, CA 91910 420-3104 Page 1 . . Name Larry Cunningham Imm. Past Chair Janet Cwss of 1996 Chuck Day Member Paula Class of 1994 ~ary Lynn Deddeh Wadie Class of 0 Geri Dillingham Member Jeff Class of 1995 Richard Emerson Member Class of 1995 Mike Finch Member Renee Class of 1994 Belinda Fontes Member Class of 1996 Doug Fuller Member Barbara Class of 1996 Robert Garcia Member Class of 1995 Updated 7/13/93 South Bay Family YMCA 1993-94 Board of Management Study Advisory Committee Business Address The Plumbing Store 255 E Street Chula Vista, CA 91910 426-6820 Scripps Memorial Hosp. C.V. P.O. Box 1537 Chula Vista, CA 91912 691-7560 FAX: 691-7423 368 Surrey Drive Bonita, CA 91902 470-2279 North Island Federal Credit Union P.O. Box.85833 San Diego, CA 92186-5833 656-4004 Chula Vista Police Department 276 Fourth Avenue Chula Vista, CA 91910 691-5185 R.C.P. Block 8246 Broadway Lemon Grove, CA 91945 460-7250 R.B. 'n' S. Inc. 2490 Main Street; Suite J Chula Vista, CA 91911-4667 575-2488 FAX: 575-2492 Fuller FordIHonda 760 Broadway Chula Vista, CA 91910 426-4440 X236 FAX: 691~1588 357 1bird Avenue Chula Vista, CA 91910 425-1172 .. ~ ? k -- c--''' Home Address 3751 View Verde Bonita, CA 91902 475-5639 845 Southshore Drive Chula Vista, CA 91913 482-2645 Senator Wadie Deddeh P.O. Box 1111, Chula Vista CA 91912 5 i 4. W arwick Avenue Catdiff, CA 92007 944-5130 901 Buena Vista Way Chula Vista, CA 91910 482-7352 4340 Colling Road East Bonita, CA 91902 421-7570 Page 2 Name Keith Gentry Member Joan Class of 1994 Dr. Libby GiI Member Class of 1996 Robert Hildt Member Debi Class of 1995 Ranie Hunter Member Class of 1995 Patricia Johnson Member Ron Class of 1996 Dick Kau Member Jean Class of 1995 David Malcolm Member Annie Class of 1996 Armando Martinez Member Margaret Class of 1995 Dan Mendez Member Medina Class of 1995 Updated 7/13/93 South Bay Family YMCA 1993-94 Board of Management Study Advisory Committee Business Address Rohr Industries P.O. Box 878 MZ 52A Chula Vista, CA 91912 691-3567 FAX: 691-3623 CYESD Superintendent 84 East J Street Chu1a Vista, CA 91910 425-9600 Pacific Commerce Bank 1196 Third Avenue Chula Vista, CA 91911 420-5626 FAX: 425-9107 The Bald'Yin Company 11975 El Camino Real; Ste 200 San Diego, CA 92130 259-2900 FAX: 259-0242 Rohr Industries P.O. Box 878 Chula Vista, CA 91912 691-4120 FAX: 691-6632 Dick Kau Land Company 3130 Bonita Rd, Ste. 200 Chu1a Vista, CA 91910 427-3525 Home Address 4457 Paseo De La Vista Bonita, CA 91902 472-2347 5758 Waverly Avenue La Jolla, CA 92037 459-8555 1910 Rue Michelle ChiIla Vista, CA 91913 482-9966 1389-3 Serena Circle Chula Vista, CA 91910 482-1582 4203 Acacia Avenue Bonita, CA 91902 479-6148 Sun Coast Financial Monage CorporatiQn 625 Third Ave Chula Vista, CA 91910 425-7080 Annando Martinez & Co. 365 Church Avenue Chula Vista, CA 91910 427-1981. KNSD 8330 Engineer Road San Diego, CA 92171 279-3939 FAX: 492-0193 8i(- ? 304 Camino Elevado Bonita, CA 91902 159 Camino Vista Real Chula Vista, CA 91910 Page 3 Name Dave Michelson Member Class of 1995 Ken Monson Member Class of 1996 Peter Moore Member Lorraine Class of 1995 Sandra Murphy Vice Chair Michael Class of 1994 Mike Pradels Vice Chair Jan Class of 1994 Dr. Elizabeth Robinson Member Class of 1996 Greg Sandoval Member Class of 1996 Ken Scree ton Member Nancy Class of 1994 Art Sellgren Member Kitty Class of 1996 Updated 7/13/93 South Bay Family YMCA 1993-94 Board of Management Study Advisory Committee Business Address Home Address lake's South Bay 570 Marina Parkway Chula Vista, CA 91910 476-04D.Q. 4-'1 I. 'O/{,":>'c Nelson & Sloan 1980 Gotham St. Chula Vista, CA 91913 476-8340 KCBQ Radio Station P. O. Box 105.3 San Diego, CA 92112 286-1170 FAX: 449-8548 4540 Paseo De La Vista Bonita, CA 91902 470-6216 Cox Cable of San Diego 5159 Federal Blvd. San Diego, CA 92105-5486 263-9251 FAX: 266-5040 or 55 3450 Wallace Drive Bonita, CA 91902 267 -0848 Timothy S. Mills Insurance Services, JrR814 Via Del Alazan P. O. Box 86259 Bonita, CA 91902 San Diego, CA 92138-6259 472-0738 535-1800 FAX: 535-1956 CVESD Assist. Superintendent 84 East J Street Chula Vista, CA 91910 425-9600 P. O. Box 1381 Chula Vista, CA 91912 Southwestern College 900 Otay Lakes Road Chula Vista, CA 91910 482-6379 2920 Baker Place National City, CA 91950-7815 McMillin Communities 2727 Hoover Avenue National City, CA 91950 477-4117 . 678 Via La Cuesta Chula Vista, CA 91913 421-1786 clo Rohr Industries P.O. Box 878 Chula Vista, CA 91912 691-3248 FAX: 691-3671 2441 Soledad Court La Jolla, CA 92037 456-1449 7/{-7 Page 4 Name John Shockley,Jr. M.D. Member Diane Class of 1996 Bruce Sloan SecfTrea Linda Class of 1995 Pam Smith Chair Doug Class of 1994 Thomas F. Spindler Member Class of 1996 Ric Williams Member Mozelle Class of 1995 Tina Williams Executive Director Class of 1 : Brad Wilson Member Class of 1995 Updated 7/13/93 South Bay Family YMCA 1993-94 Board of Management Study Advisory Committee Business Address 995 Gateway Center Way #207 San Diego, CA 92102 263-8775 FAX: 263.8793 EastLake Development 900 Lane Avenue Suite 100 Chula Vista, CA 91913 421-0127 FAX: 421-1830 Social Security Administration 380 Third Avenue Chula Vista, CA 91910 427-1970 FAX: 427-0780 Sharp Chula Vista Medical Center 751 MediQal Center Court Chula Vista, CA 91911 482- 3664 Pointe Builders 3130 Bonita Road Chula Vista, CA 91910 691-1800 South Bay Family YMCA 50 Fourth Avenue Chula Vista, CA 91910 422-8354 FAX: 422-4412 Wilson & Cox Insurance 249 "E" Street Chula Vista, CA 91910 422-6173 8J<'-r Home Address 1 Grevillea Way Bonita, CA 91902 472-0212 11147 Negley Avenue San Diego, CA 92131 271.0637 4665 Gaviota Court Bonita, CA 91902 479.1507 414 Camino Elevado Bonita, CA 91902 3180 Bonita Rd. Apt. 247 Chula Vista, CA 91910 425-6667 Page 5 AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH BAY FAMILY YMCA IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED YmCA u f 5((/1 i); ~j(' Ct)(lnftt THIS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and South Bay r"llmily ~MCA, a non-profit Ofgani~tiVll ("Grantee"), and is made with reference to the following facts: ^ ' , . r" (P(fovdw'\- P..l1\lt t){.MtH R E C! TAL ~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this agreement shall be for a period of one (1) year, from July I, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits WPC F:\HOME"COMMDEV\l086.93 & 1087.93 Page 1 YK-C; " for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Sunshine Company Childcare on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $17,000 (Seventeen Thousand Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract. 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); ( e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. WPC F:\HOMECOMMDEV\l08~.93 & 1087.93 ?5'X - /0 Page 2 7. Assignment. The seIVices of South Bay Family YMCA are personal to that organization. The Perrormance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete rmancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client seIVed: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the seIVices rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of South Bay Family YMCA, or hislher designated representative, shall represent the Grantee in all matters pertaining to the seIVices rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " 11. Other Program Requirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the seIVices funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said seIVices before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Relicious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC F:'JIOME'COMMDEV\1086.93 & 1087.93 't?/)-/! Page 3 15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvinl! of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CPR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CPR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. WPC F:\HOME"COMMDEV\1086.93 &, 1087.93 ?J(-/A Page 4 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and. any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista A TIEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney YMCA of Sit" Die!}(. ~W1'hj (5l'J,l..t~ &.~ ~,rtYl<J.) SOUTH Bf.Y F1.MILY YMCA BY: # ./a~ / , Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure Statement NOT SCANNED WPC F:\HOME'COMMDEV\l086.93 & 1087.93 ?jJ)-/3 Page 5 Exhibit A SOUTH BAY FAMILY YMCA Statement of Work & Performance Schedule Sunshine Company Childcare 1993-94 The Sunshine Company is a state licensed, National YMCA child care program offered by the South Bay Family YMCA. The program provides child care for children in Kindergarten through sixth grade. No child shall be turned away from the program because of race, sex, color, nationality, age or handicap. Each child is treated equally. There is no segregation or any discrimination against any child. CDBG funds will be used to provide YMCA Sunshine Company Child Care to low income families residing in the community. Funds will cover the costs of supplies and equipment such as books, games, sports equipment, first aid supplies, craft and science projects, nutritional snacks, as well as staff wages, benefits, insurance and other necessary operational costs. YMCA Sunshine Company child care sites will operate during the school year on a daily basis when school is in session. The after school sites: Feaster, Vista Square, and Otay open upon school dismissal and continue providing care until 6:00 p.m. The all day site: Hilltop opens at 6:30 a.ill. and continues operation until 6:00 p.m. Exhibit B SOUTH BAY FAMILY YMCA Sunshine Company Child Care Itemized Budget 1993-94 Salaries & Benefits $12,700 Food/Snack Supplies 2,200 Equipment & Supplies 1,800 Training, Workshops & Conferences 300 Total CDBG Budget ?Ji)/ /1 $17,000 outherncalifornia etropolitan Areas naheim-santa Ana PMSA orange county) akersfielct MSA Kern county) os Angeles-Long Beach PMSA Los Angeles County) 'xnard-Ventura PMSA Ventura County) :iverside-San Bernardino PMSA Riverside-san Bernardino 'ounties) -----------------------------INCOME LIMITS---------------------I:~\lI~lJ[--~ FY '93 Median Family Income 1 Per 2 Per 31,750 22,600 23,050 14,400 30,900 19,300 31,750 22,100 26,300 16,450 3 Per 35,750 25,400 25,900 16,200 34,800 21,750 35,750 24,850 29,600 18,500 , 'M3.,~O~, ' Low-Income 24,600. 28,100 31,600 'very Low-Income 15,350 17,550 '19,750 :an, DJ.,ego,.M!;A}~:;, S ah",d'i'e99\\fC'1\ln~y)i ;~...,.....;,::,:f:;;,;,c'Lt,.:,'J.<:;;,;:...6:.,.~'d~:.w..:;~p :anta Barbara-Santa Maria-Lompoc ISA (santa Barbara County) :outhern california lon-Metro counties :mperial county ~nyo county 10no county San Luis Obispo county $56,500 "Low-Income 27,800 Very Low-Income 19,800 $35,000 Low-Income 20,150 Very Low-Income 12,600 $43,000 Low-Income 27,050 Very Low-Income 16,900 $55,200 "Low-Income 27,800 Very Low-Income 19,300 $41,100 Low-Income 23,000 Very Low-Income 14,400 $45,500 Low-Income 25,500 Very Low-Income 15,950 29,100 18,200 21,950 13,700 32,750 20,450 24,700 15,450 23,100 26,000 14,450 .16,250 25,350 15,850 26,200 16,350 28,500 17,800 29,450 18,400 'Low-Income Limit subject to the national median family income level of $39,700. $27,700 Low-Income 19,200 Very LOW-Income 12,000 Low-Income 20,200 Very-Low Income 12,650 4 Per 39,700 28,250 28,800 18,000 38,650 24,150 39,700 27,600 32,900 20,550 5 Per 42,900 30,500 31,100 19,450 41,750 26,100 42,900 29,800 35,500 22,200 6 Per 46,050 32,750 33,400 20,900 44,800 28,000 46,050 32,000 38,150 23,850 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 8 Per 52,400 37,300 38,000 23,750 51,000 31,900 52,400 36,450 43,400 27,150 35,100 37,950.<AO,~.SQj,;f~3j5'~O,iili~.~~i'.3}H);;, 21 ; 950 . 23 , 7 0 O~' 2 5;'4 5 o$21';-200"~'8 i'95'Oli 36,400 22,750 27,450 17,150 28,900 18,050 31,700 19,800 32,700 20,450 NOTE' CALIFORNIA MEDIAN "''',HILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. ~) ~ ~ ~ $33,600 $39,600 Low-Income 22,200 Very Low-Income 13,850 $40,900 Low-Income 22,900 Very Low-Income 14,300 39,300 24,550 29,650 18,500 31,200 19,500 34,200 21,400 35,350 22,100 42,200 26,400 31,850 19,900 33,500 20,950 36,750 22,950 37,950 23,700 45,150 28,200 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 48,050 30,050 36,200 22,650 38,100 23,850 41,800 26,150 43,200 27,000 \ . AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH BAY FAMILY YMCA IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED '-(vY\CA of Sel" Di o. c' Cov-n~ THIS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Sooth Bit) Fa....ily 'tmGa, a non-profit orglllliretion ("Grantee"), and is made with reference to the following facts: " .' \~. t t (;trOti' l\. -\1 tYl . fvJ?h c w.f\e \1 \ R E C! TAL ~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this agreement shall be for a period of one (1) year, from July I, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those doties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income ReQuirement The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits WPC F:\HOMECQMMDEV\1086.93 & 1087.93 "OK ~/~ Page 1 for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Chula Vista Human Services Council on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $24,000 (fwenty-four Thousand Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract 5. Reimbursement Pavments. Payment ofthose City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 2/J{- ) '7 Page 2 WPC F:\HOME'COMMDEV\l086.93 & 1087.93 7. Assignment. The services of Chula Vista Human Services Council are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all fmancial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fmancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Chula Vista Human Services Council, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Program Requirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affIliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. 11/<; - / Y Page 3 WPC F:\HOMBCOMMDEV\1086.93 & 1087.93 15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. . 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the S tate of California. 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. WPC F:'HOMFCOMMDEV\l086.93 & 1087.93 ?fJ{ -! / Page 4 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista A TrEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney '{mCl\ e>-f 6QY\ DirJ=' C.Nlr1ht (0Clltt- Q,,,-~ ~tv'({" SOUTH BAY FAMILY YMGA- BY: a~~/~ Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure Statement NOT SCANNED WPC F:\HOME'COMMDEV\l086.93 &. 1087.93 5')( -;20 Page 5 Exhibit A SOUTH BA Y FAMILY YMCA Statement of Work & Performance Schedule Human Services Council 1993-94 The goals of the Human Service Council are to provide a forum for all human service agencies operating in Chula Vista, to identify and define unmet community needs, to coordinate efforts of various agencies to address unmet needs, to advocate for Chula Vista to assure it receives its fair share of funding, to conduct special studies to keep City, County, United Way and other agencies informed on human service needs, to discuss opportunities to share information and resources, and to seek outside funding opportunities. The activities of the CVHSC have grown to such an extent that there is need for a resource development person to help coordinate and continue all current activity. CDBG funds will be used to allow the Chula Vista Human Services Council to hire experienced staff who are familiar with the needs in the South Bay to work in a resource development position. The person will report to the Human Services Council Chair, Pamela Smith. The accounting and payroll will be provided by the South Bay Family YMCA. The CDBG funds will be used for staff wages, benefits and insurance for a period of one year. In addition CDBG funds will be used to provide newsletters to participating agencies and host two Human Service forums. The funds will be expended beginning July 1, 1993 and ending June 30, 1994. Itemized Budget 1993-94 r.'n~~DIT B tb,','CJ baDI ~- 'T Salaries & Benefits $18,020 Rent/Utilities In Kind HSC OPerating Expenses -Newsletter -Forum 4,000 Administration 1.980 Total CDBG Budget $24,000 ?5))~d I southern california Metropolitan Areas FY '93 Median Family Income Anaheim-Santa Ana PMSA (orange county) Bakersfield MSA (Kern county) $56,500 $35,000 Los Angeles-Long Beach PMSA (LoS Angeles County) $43,000 oxnard-ventura PMSA (Ventura county) $55,200 Riverside-san Bernardino PMSA (Riverside-san Bernardino counties) $41,100 _____________________________INCOME LIMITS---------------------J:~\i}~}J[--~ 1 Per 2 Per 3 Per 4 Per 5 Per 6 Per 7 Per 8 Per -Low-Income 27,800 31,750 35,750 39,700 42,900 46,050 49,250 52,400 Very Low-Income 19,800 22,600 25,400 28,250 30,500 32,750 35,050 37,300 Low-Income 20,150 23,050 25,900 28,800 31,100 33,400 35,700 38,000 Very Low-Income 12,600 14,400 16,200 1~,000 19,450 20,900 22,300 23,750 Low-Income 27,050 30,900 34,800 38,650 41,750 44,800 47,900 51,000 Very Low-Income 16,900 19,300 21,750 24,150 26,100 28,000 29,950 31,900 .*LoW-Income 27,800 31,750 35,750 39,700 42,900 46,050 49,250 52,400 Very Low-Income 19,300 22,100 24,850 27,600 29,800 32,000 34,200 36,450 Low-Income 23,000 26,300 29,600 32,900 35,500 38,150 40,750 43,400 very Low-Income 14,400 16,450 18,500 20,550 22,200 23,850 25,500 27,150 '~~,.3, ~O~.. Low-Income 24,600 28,100 31,600 35,100 37 950.. 40. 750j,li.3'55P~6?N.~~ very Low-Income 15,350"17,550' '19,750 ... 21,950 23:7 00.:..'25i'456~27;t-2'6'd"'8'9 0 $45,500 Low-Income 25,500 29,100 32,750 36,400 39,300 42,200 45,150 48,050 Very Low-Income 15,950 18,200 20,450 22,750 24,550 26,400 28,200 30,050 $27,700 LoW-Income 19,200 21,950 24,700 27,450 29,650 Very Low-Income 12,000 13,700 15,450 17,150 18,500 $33,600 Low-Income 20,200 23,100 26,000 28,900 31,200 very-Low Income 12,650 14,450 16,250 18,050 19,500 $39,600 Low-Income 22,200 25,350 28,500 31,700 34,200 Very Low-Income 13,850 15,850 17,800 19,800 21,400 $40,900 LOW-Income 22,900 26,200 29,450 32,700 35,350 Very Low-Income 14,300 16,350 18,400 20,450 22,100 pan Diego ,MS.~ .... , '(sati'i;Ol'eg~9~n~y)i , -;'::.j--:.-:~':.;4J';.;:j.\;&_:L"...::a~.../,c....i; Santa Barbara-Santa Maria-Lompoc MSA (Santa Barbara county) southern california Non-Metro counties Imperial county Inyo County Mono county San Luis Obispo County 'Low-Income Limit subject to the national median family income level of $39,700. NOTE: CALIFORNIA MEDIAN t&~ILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. 31,850 34,000 36,200 19,900 21,250 22,650 33,500 35,800 38,100 20,950 22,400 23,850 36,750 39,300 41,800 22,950 24,550 26,150 37,950 40,550 43,200 23,700 25,350 27,000 ~ , '~ RESOLUTION NO. 1?1'It) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YMCA OF SAN DIEGO COUNTY (SOUTH BAY FAMILY YMCA SUMMER DAY CAMP) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the timeframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on me in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by 8'J....} APPro&: m~~ ~ Bruce M. Boogaard City Attorney Chris Salomone Community Development Director RESOLUTION NO. /7/1/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YWCA OF SAN DIEGO COUNTY (CHULA VISTA HUMAN SERVICES COUNCIL) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the timeframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on me in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form ;.L ;It. Chris Salomone Community Development Director Bruce M. Boogaard City Attorney 1)11" J RESOLUTION NO. I?J?~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LUTHERAN SOCIAL SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the timeframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on me in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Approved as to form by B~1:~' ~ City Attorney &' AI- '/ g #-1 Presented by Chris Salomone Community Development Director Wf'(; F:"HOME\COMMDEV\1132.93, 1131.93 EXHIBIT C THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT f) . Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: I. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. Lutheran Social services of Southern California 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See attached list 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Diane E. Nissen, President 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember(s): Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit. II (NOTE: Attach additional pages as necessary) ~~ ~.~~~~,~~ Signature of contractor/applicant Date: July 7. 1993 Diane E. Nissen, President [C,IWP51ICOUNCILIDISCLOSE.1XT] Print or type name of contractor/applicant ~/lJr .3 [Revised, 11130/90J LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA BOARD OF DIRECTORS 1993 J. Roger Anderson, Bishop, Southern California (West) Synod, ElCA Loren T. Kramer, President, Pacific Southwest District, LCMS Robert L. Miller, Bishop, Pacifica Synod, ELCA Nancy Jackson, Chair V. V. Motley, Vice Chair Arthur Tomlinson, Treasurer Janice Harmon, Secretary John Donovan, At Large Gwen Bergh Ronald Carlson Howard Christensen Gene Dahlgren Kenneth Eggers Ted Hartman Sheila James Patrick Jow Henry Kiehn Raymond Le Blanc Melissa Salomon (j1L!/i AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF LUTHERAN SOCIAL SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Lutheran Social Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: REC!TALS WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits y/U/5 Page 1 WPC F:\HOME'COMMDEV\1086.93 &. 1087.93 f for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for Project Hand Emergency Assistance on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $14,000 (Fourteen Thousand Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the. option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract. . 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. WPC F:\HOMECOMMDEV\1086.93 &. 1087.93 ?#/t- Page 2 7. Assignment. The services of Lutheran Social Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fmancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Lutheran Social Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reouirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " 11. Other Program Reouirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CPR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CPR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CPR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HOD regulations 24 CPR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC F:\HOME"CQMMDEV\1086.93 &. 1087.93 2/lJ~ 7 Page 3 15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the S tate of California. 20. Breach of Contract The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. WPC F:\HOME'COMMDEV\1086.93 & 1087.93 )[/!/~6 Page 4 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and. any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista A TrEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney LUTHERAN SOCIAL SERVICES BY: /J~~J-J ~.~ Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chuia Vista Party Disclosure Statement NOT SCANNED WPC F:\HOME\COMMDEV\l086.93 & 1087.93 8)U~/ Page 5 EXHIBIT A City of Chula Vista 1993-94 Community Development Block Grant Statement of Work for Lutheran Social Services - Proiect Hand The staff and volunteers at Project Hand provide food, clothing, shelter, infant formula, diapers, prescriptions, utility assistance and rent referrals. They are undertaking a pilot program this year to assist clients in job development and career counseling. Almost all of our clients fall within the very low income category, according to HUD guidelines. All the material support we provide our clients is given in the context of a case- work relationship, wherein we assist the clients in developing a case plan. Here we assess the problem, set out a plan of action and define a realistic time line. A successful case plan should result in more long-term stability and a greater degree 'of self-sufficiency for the client. The staff at Project Hand consists of one full-time caseworker. Approximately ten volunteers support our work in a variety of ways, from screening clients to main- taining food supplies. These funds will be used to support our basic emergency assistance program by providing funds to be applied to the salary of the caseworker. Performance Schedule for Lutheran Social Services - Proiect Hand The numbers of clients interviewed and served and the services provided to clients should aggregate as follows: Monthlv Quarterlv Annuallv Interviews 250 750 3,000 Unduplicated clients 290 870 3,480 Services provided and number of clients Food 1,670 5,010 20,040 Shelter 47 141 564 Clothing 34 102 408 Transportation 36 108 432 We provide a range of other resources to clients as needed, but on a less regular b_asis. These include hygiene items, prescriptions, infant care items, blankets and utility and rent assistance. y/l/--jtJ . EXHIBIT B Funds Salaries/Benefits Rent/Utilities Equipment/Supplies Other: Other: Other: Other: other: Maintenance Insurance Travel/conferences Temporary employees Client services (program grant) Other: Interest expense Administrative fee (10%) Subtotals CDBG Agreement 1993-94 - LSS-Project Hand CDBG $ 20,000 -0- 20,000 '5/1/ /-j / other $ 5,123 -0- 2,623 600 480 516 775 6,000 3,208 1.933 21,258 Southern California Metropolitan Areas Anaheim-santa Ana PMSA (orange county) Bakersfield MSA (Kern county) Los Angeles-Long Beach PMSA (LoS Angeles county) oxnard-Ventura PMSA (Ventura county) Riverside-San Bernardino PMSA (Riverside-san Bernardino counties) ,san Diego MSA, (5 ah';;I>i'egQ:.-rcqllnty ), : .:.-':.~,. ~;::..i:...~':~j::,:;':'::'j:,,""t<:;i. santa Barbara-santa Maria-Lompoc M8A (Santa Barbara County) southern california Non-Metro counties Imperial County Inyo County Mono county San Luis Obispo County _____________________________INCOME LIMITS---------------------I:~\ll~lJ[--~ FY '93 Median Family Income 1 Per 2 Per 31,750 22,600 23,050 14,400 30,900 19,300 31,750 22,100 26,300 16,450 28,100 17,550 $45,500 Low-Income 25,500 29,100 very LOW-Income 15,950 18,200 3 Per 35,750 25,400 25,900 16,200 34,800 21,750 35,750 24,850 29,600 18,500 31,600 19,750 32,750 20,450 24,700 15,450 26,000 16,250 28,500 17,800 29,450 18,400 4 Per 39,700 28,250 28,800 18,000 38,650 24,150 39,700 27,600 32,900 20,550 35,100 21;950 36,400 22,750 27,450 17,150 28,900 18,050 31,700 19,800 32,700 20,450 *Low-Income Limit subject to the national median family income level of $39,700. NOTE: CALIFORNIA MEDIAN l'hHILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. $56,500 *Low-Income 27,800 very Low-Income 19,800 $35,000 Low-Income 20,150 very Low-Income 12,600 $43,000 Low-Income 27,050 Very Low-Income 16,900 $55,200 *Low-Income 27,800 Very Low-Income 19,300 $41,100 Low-Income 23,000 very LOW-Income 14,400 'I $4,3,900 Low-Income 24,600 very'Low-Income 15,350 $27,700 Low-Income 19,200 Very Low-Income 12,000 $33,600 Low-Income 20,200 Very-Low Income 12,650 $39,600 Low-Income 22,200 Very Low-Income 13,850 $40,900 Low-Income 22,900 Very Low-Income 14,300 21,950 13,700 23,100 14,450 25,350 15,850 26,200 16,350 5 Per 42,900 30,500 31,100 19,450 41,750 26,100 42,900 29,800 35,500 22,200 6 Per 46,050 32,750 33,400 20,900 44,800 28,000 46,050 32,000 38,150 23,850 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 8 Per 52,400 37,300 38,000 23,750 51,000 31,900 52,400 36,450 43,400 27,150 g : ~ ~~., ~ ~:,l~ ~~.~~,~,gBgl;~,f{k~~ 39,300 24,550 29,650 18,500 31,200 19,500 34,200 21,400 35,350 22,100 42,200 26,400 31,850 19,900 33,500 20,950 36,750 22,950 37,950 23,700 45,150 28,200 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 48,050 30,050 36,200 22,650 38,100 23,850 41,800 26,150 43,200 27,000 1 ~ \ ~ RESOLUTION NO. / 7 J 93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ADULT PROTECTIVE SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was a1located for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the timeframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on fIle in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution sha1l take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by B!:;'~ T City Attorney 8'0'/ /3'0-'/ Chris Salomone Community Development Director WPC F:\HOME\CQMMDEV\1132.93. 1131.93 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT \) Statement of disclosure of certain ownership interests, payments, or campaign contribl)tions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. Adult Protective Services, Inc. 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See attached list 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Malachy J. Murphy Nancy Hitchcock 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember(s): Person is defined as: "Any individual, finn, co-partnership, joilll velllure, assodation, socinl club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, dtyand coulllry, city, municipality, distria or other political subdivision, or any other group or combination acting as a unil." (NOTE: Attach additional pages as necessary) Date: July 12, 1993 ~/'<*7-~4~ Signature 0 contractor a licant [C,\ WP51 \COUNClL\DlSCLOSE.TXT] Ma1achy J. Murphy Print or type name of contractor/applicant 8'--O~ 3 (Revi=l, 11130190J MEMBERS OF THE BOARD OF DIRECTORS OF ADULT PROTECTIVE SERVICES, INC. Guy Deeks, President 8825 Jonas Court San Diego, CA 92123 292-1422 Anita Harbert San Diego State University San Diego, CA 92182 594-6310 Marie Hood, Vice President 2834 Adams Avenue San Diego, Ca 92116 281-8035 Susan La Flam San Diego Gas & Electric P.O. Box 1831 San Diego, CA 92112 696-4322 (Work) 420-9589 (Home) Billy Frank, 2nd Vice President 8775 Aero Drive, Ste #238 San Diego, CA 92123-1756 565-1392 Lloyd Plummer 9141 Golondrina Drive La Mesa, CA 91941 462-9141 Evelyn Herrmann, Secretary 3863 Aragon Drive San Diego, CA 92115 582-0528 Arthur Price, ADM 900 Alameda Avenue Coronado, CA 92118 435-2358 Faustina Solis, Assistant Secretary 8428 Encino Avenue San Diego, CA 92123 534-4004 (Work) 278-3722 (Home) Georgette Schell 13490 Route 8 Business Space 126 Lakeside, CA 92040 561-3816 Thomas A. Shumaker, Treasurer 904 Rosecrans San Diego, CA 92106 223-8825 Hedy Stelzer 1873 Loyola Ct Chula Vista, CA 421-8206 91913 Muriel Pardee Baze P.O. Box 541 Rancho Sante Fe, CA 92067 756-3443 Charles Bell, PhD 4051 W. 60th Street Los Angeles, CA 90043 Seth Torres American Assoc. 4201 Long Beach Long Beach, CA (310) 427-9611 (619) 222-3741 for Retired Blvd 90807 (Work) (Home) People Suzanne Carey 2424 Lone Jack Road Encinitas, CA 92024 292-9732 (Work) Dorothy Yonemitsu 2431 Alto Cerro Circle San Diego, CA 92109 273-3576 Pamela Jo Craig 373 East James Ct. Chula Vista, CA 91910 427-4020 (Home) 475-6244 Technical Advisor (Work) J. T. Jennings, M.D. 11330-4 Camino Playa Cancun San Diego, CA 92124 279-3644 M. L. Dickson 3141 Courser Avenue San Diego, CA 92117 273-4655 APS:3/93 Yc -( Building Committee Advisor Rev. A. Paul Veenstra Chula Vista Community Church 271 East 'J' Street Chula Vista, CA 91910 422-7850 AGREEMENT SETTING OUT TERMS AND OBLIGA nONS OF ADULT PROTECTIVE SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Adult Protective Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: RECITALS WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of wbich is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocatedCDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement The term of this agreement shall be for a period of one (1) year, from July I, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income ReQuirement The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current Hun Income Limits WPC F:\HOME"COMMDEV\1086.93 & 1087.93 ?O-.5 Page 1 for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the South Bay Adult Health Care Center on the condition City receives sufficient COBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $9,000 (Nine Thousand Oollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of COBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. WPC F:\HOME'COMMDEV\l086.93 &, 1087.93 g-o~~ Page 2 7. Assignment. The services of Adult Protective Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fmancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Adult Protective Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " 11. Other Program Requirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 G) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC F:\HOME'COMMDEV\1086.93 & 1087.93 (5t?~7 Page 3 15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequeht declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CPR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CPR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. WPC F:'HOMECOMMDEV\l086.93 & 1087.93 8'(/ - t5 Page 4 . 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and 'any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WTINESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney ADULT PROTECTIVE SERVICES BY: fltk.,t~ iCy P 7l;?;d/~ . Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure Statement NOT SCk~ WPC F:\HOME'COMMDEV\1086.93 &. 1087.93 5f c-( Page 5 EXHIBIT A Adult Protective Services, Inc. . A private, non-profit agency providing services to seniors in San Diego County. 2840 Adams Avenue, San Diego, California 92116 (619) 283-5731 Statement of Work and Performance Schedule The Community Development Block Grant funds will be used to provide disabled elderly Chula Vista residents transportation to the South Bay Adult Day Health Care Center. Adult Protective Services, Inc. will fur- nish the Community Development Department of Chula Vista with quarterly reports on the characteristics of the persons served - number, gender, ethnicity and whether of low or lower income as defined for the San Diego Metropolitan Area. 100% will be disabled, over 60, residents of Chu1a Vista and within the HUD income guidelines. The program serves 85 persons at anyone time who are eligible for this assistance. However, the re- ports will be made on the actual numbers of people served by the CDBG Grant funds. The $9,000 will be used to purchase approximately 375 trips per month from Handy Trans. It is the objective of this program to restore as many disabled el- derly as possible to an increased level of self-care so as to avoid both nursing home placement and the breakdown of home caregivers. (r() / jtJ SOUTH BAY ADULT DAY HEALTH CARE CENTER BUDGETED EXPENSES AND REVENUE FISCAL YEAR 93 - 94 REVENUES Medi-Cal Fees V.A. Participant's Fees & Donations CDBG - City of Chula Vista Other Income Total Program Revenue EXPENSES Wages & Salaries Payroll Taxes & Fringe Consulting & Contracts Purchased Services Space Costs Consumable Supplies Transportation Costs Nutrition Other Costs Total Expenses 6()-// EXHIBIT B FY 93-94 457,897. 56,590. 14,113. 9,000. 3,000. 540,600. 298,796. 83,664. 26,000. 7,670. 35,500. 9,672. 41,848. 30,450. 7,000. 540,600. southern california Metropolitan Areas Anaheim-santa Ana PMSA (Orange county) Bakersfield MSA (Kern county) Los Angeles-Long Beach PMSA (LOS Angeles County) Oxnard-Ventura PMSA (Ventura County) Riverside-San Bernardino PMSA (Riverside-san Bernardino Counties) pan Diego MSA (sah';;I)ieg<%YCCl~nty ), _ _ ~.,. "."'-":'C'._""' J;:~;;'",",'" , Santa Barbara-Santa Maria-Lompoc MSA (santa Barbara County) southern california Non-Metro counties Imperial County Inyo County Mono County San Luis Obispo County FY '93 Median Family Income $56,500 $35,000 $43,000 $55,200 $41,100 , $43,900 $45,500 $27,700 $33,600 $39,600 $40,900 -----------------------------INCOME LIMITS---------------------1:~1I1~}J[--~ 1 Per <Low-Income 27,800 Very Low-Income 19,800 Low-Income 20,150 Very Low-Income 12,600 Low-Income 27,050 Very LoW-Income 16,900 <Low-Income 27,800 Very Low-Income 19,300 Low-Income 23,000 very LOW-Income 14,400 Low-Income 24,600 very Low-Income 15,350 Low-Income 25,500 Very Low-Income 15,950 Low-Income 19,200 Very Low-Income 12,000 Low-Income 20,200 Very-Low Income 12,650 Low-Income 22,200 Very Low-Income 13,850 LOW-Income 22,900 Very Low-Income 14,300 2 Per 31,750 22,600 23,050 14,400 30,900 19,300 31,750 22,100 26,300 16,450 3 Per 35,750 25,400 25,900 16,200 34,800 21,750 35,750 24,850 29,600 18,500 4 Per 39,700 28,250 28,800 1~,000 38,650 24,150 39,700 27,600 32,900 20,550 28,100 31,600 35,100 17,550 19,750 - 21,950 29,100 18,200 21,950 13,700 23,100 14,450 25,350 15,850 26,200 16,350 32,750 20,450 24,700 15,450 26,000 16,250 28,500 17,800 29,450 18,400 'Low-Income Limit subject to the national median family income level of $39,700. 36,400 22,750 27,450 17,150 28,900 18,050 31,700 19,800 32,700 20,450 NOTE: CALIFORNIA MEDIAN l'hHILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. 5 Per 42,900 30,500 31,100 19,450 41,750 26,100 42,900 29,800 35,500 22,200 6 Per 46,050 32,750 33,400 20,900 44,800 28,000 46,050 32,000 38,150 23,850 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 8 Per 52,400 37,300 38,000 23,750 51,000 31,900 52,400 36,450 43,400 27,150 37,950 '. 40 ,750_j~43;5!l91f114G;;~?:O~ 23, 700 -'15;'450c"""27;;'-200~s';1\95~O'i'i 39,300 24,550 29,650 18,500 31,200 19,500 34,200 21,400 35,350 22,100 42,200 26,400 31,850 19,900 33,500 20,950 36,750 22,950 37,950 23,700 45,150 28,200 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 48,050 30,050 36,200 22,650 38,100 23,850 41,800 26,150 43,200 27,000 ci ~ C'~ 6C) RESOLUTION NO. I ?J14/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SENIOR ADULT SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the tirneframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on file in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by ~;Jt. Chris Salomone Community Development Director Bruce M. Boogaard City Attorney WPC F:\HOME\COMMDEV\1132.93, 1131.93 ~P-I /gjJ--5 r THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. Senior Adult Services, Inc. 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See attached list 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. James J. Richards Dr. Roqer Bailey 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember(s): Person is defined as: .. Any individual~ finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any otheri:ounty, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit. If (NOTE: Attach additional pages as necessary) Dffie: July 6, 1993 /1 .. [C:IWP51ICOUNCILIDlSCLOSE.TXT] g?-3 Dr. Roger Bailey Print or type name of contractor/applicant [Revised: 11130/90] Senior Adult Services 2860 North Park Way, San Diego, CA 92104 BOARD OF TRUSTEES 1993 - 1994 OFFICERS PRESIDENT Ms. Ruth A. DeLaune 9065 Edgemoor Drive Santee, CA 92071 258-3026 (94) VICE PRES. - ADMINISTRATION Miss Priscilla Simms *(95) 1094 Cudahy Place suite 200 San Diego, CA 92110 (0) 276-5672 (H) 295-8445 VICE PRES. - PROGRAM Mr. Ross Parmer 19 Port of Spain Coronado, CA 92118 429-9946 (95) VICE PRES - RESOURCE DEV Mrs. R. Merl Ledford, Jr. (94) (Joy) 3335 Dumas Street San Diego, CA 92106 222-2318 TREASURER Mr. Richard Ledford *(96) Office of the Mayor 202 C Street, 11th Fl San Diego, CA 92101 (0) 236-6330 (H) 484-0688 SECRETARY Mr. John Hermann 1010 EAve. Coronado, CA 92118 435-0058 (94) MEMBERS AT LARGE Mr. Joseph Ainsworth (96) 5858 Mt. Alifan Dr, Ste 104 San Diego CA 92111 560-1106 Mrs. Clara Baity 9065 Edgemoor Dr. Santee, CA 92071 (B)258-3061 (H)271-8448 (94) Rev. George Davis 2111 Camino Del Rio S. San Diego, CA 92108 297-4366 (94) Ms. Bertha Edington 1919 Cypress Ave. San Diego, CA 92104 296-5569 (94) * Denotes second term Mrs. Michael Ibs Gonzalez (96) (Anne) 2174 Guy st San Diego, CA 92103 297-3869 Mr. Gary A. Gramling (96) 12322 poway Rd, Ste 128 Poway, CA 92064 538-1413 Mr. Griffith Hayes (95) 9841 El Granito La Mesa, CA 91941 (0) 280-0500 (H) 469-5046 Mr. Arthur Herzman (95) 3574 7th Ave. San Diego, CA 92103 (0) 298-6334 (H) 295-2992 1 'rtP~i .' . Mrs. Robert Kronemyer (Nancy) 7717 Ludington Place La Jolla, CA 92037 283-5553 Mrs. victor H. Krulak (Amy) 3665 Carleton street San Diego, CA 92106 224-9475 Mrs. Evangeline Losoya 5002 Georgetown Ave San Diego, CA 92110 Mr. Marvin J. Mizeur 5353 Van Nuys PI San Diego, CA 92109 488-8884 Mrs. Marvin J. Mizeur (Margo) 5353 Van Nuys PI San Diego, CA 92109 488-8884 Mr. George E. Olms~ead 2320 5th Ave, Ste 300 San Diego, CA 92101 239-1211 Mrs. Dorothy Sumner 4291 Fifth Ave San Diego, CA 92103 299-9035 (95) (94) * (94) (95) (94) (95) (96) Miss Rebecca Wood (95) 4144 Randolph st San Diego, CA 92103 (0) 522-8444 (H) 291-3898 PROGRAM ADVISORY COMMITTEE REPRESENTATIVES CENTRAL Miss Lydia Stewart 4111 Swift Ave San Diego, CA 92104 282-8872 EAST COUNTY Ms. Geraldine F. Twining 1450 Merritt Dr EI cajon, CA 92020 444-5964 NORTH CITY Mrs. Virginia Hagerman 6255 Mercer st San Diego, CA 92122 453-0630 SOUTH BAY Mrs. Quentin Stokes 1543 Max Ave Chula vista, CA 91911 420-6389 NORTH COAST Ms. Colleen Ahern P. O. Box 1804 Vista, CA 92083 754-9571 2 ?r?----S , , \ AGREEMENT SEITING OUT TERMS AND OBLIGATIONS OF SENIOR ADULT SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Senior Adult Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: REC!TAL~ . WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this agreement shall be for a period of one (1) year, from July I, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Requirement The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits WPC F:'HOME\COMMDEV\l086.93 & 1087.93 g p ~Ir 'Page 1 " for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for Meals on Wheels on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $7,500 (Seven Thousand, Five Hundred Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the .option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); . (f) number of female-headed households served. Y'P-7 Page 2 WPC F:\HOME'COMMDEV\l086.93 & 1087.93 , 7. Assignment. The services of Senior Adult Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all fmancial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fmancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Senior Adult Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " 11. Other Program Reauirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC F:\HOME'CQMMDEV\l086.93 &. 1087.93 8'?-j Page 3 . 15. Drug-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. ~?-9 Page 4 WPC F:'JIOME'COMMDEV\l086.93 & 1087.93 t . , _ 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and. any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista A TrEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SENIOR ADULT SERVICES 7 ~. ::::- ~ / BY: Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure Statement ~OT SCANNED WPC F:'HOME'COMMDEV\l086.93 & 1087.93 ?r-/t} Page 5 EXHIBIT A EXHIBIT B EXHIBIT A MEALS-ON-WHEEIS STATEMENT OF WORK AND PERFORMANCE SCHEDULE 1. STATEMENT OF WORK Meals-On-Wheels will deliver two nutritious meals per day, five days a week (Monday - Friday) to qualified senior and disabled residents of the City of Chula vista. Deliveries of a hot lunch and cold supper are made simultaneously, between 11:30 a.m. and 1:30 p.m. Special diets (e.g. low sodium or diabetic) are provided if required. Approximately 391 residents will be served by the program and about 26,666 meals will be delivered during the term of this contract. 2. PERFORMANCE SCHEDULE The meal preparation and delivery program will be provided on a continuous basis, 5 days a week, 12 months a year. Meals are delivered on legal holidays which fall on weekdays. EXHIBIT B MEALS-ON-WHEEIS PROGRAM BUDGET The $7,500 CDGB grant will be used for Food and Packaging. The total annual budget for the Chula Vista area program is $201,327. sy?~// southern california Metropolitan Areas Anaheim-Santa Ana PMSA (Orange county) Bakersfield MSA (Kern county) Los Angeles-Long Beach PMSA (LOS Angeles County) oxnard-Ventura PMSA (Ventura County) Riverside-San Bernardino PMSA (Riverside-san Bernardino counties) San Diego MSA, (San,,;Di'egci'l<::(jUnty l. ','):',.':;:-" .-" ;J.'~;;;./t:. ".. Santa Barbara-Santa Maria-Lompoc MSA (Santa Barbara County) southern california Non-Metro counties Imperial county Inyo county Mono County San Luis Obispo county FY '93 Median Family Income $56,500 $35,000 $43,000 $55,200 $41,100 '$43,~00 $45,500 $27,700 $33,600 $39,600 $40,900 -----------------------------INCOME LIMITS-____________________~~lll~lJ[__~ 1 Per 'Low-Income 27,800 Very Low-Income 19,800 Low-Income 20,150 Very Low-Income 12,600 Low-Income 27,050 Very Low-Income 16,900 'Low-Income 27,800 Very Low-Income 19,300 Low-Income 23,000 very Low-Income 14,400 Low-Income 24,600 Very Low-Income 15,350 Low-Income 25,500 Very Low-Income 15,950 Low-Income 19,200 Very Low-Income 12,000 Low-Income 20,200 Very-Low Income 12,650 LOW-Income 22,200 Very Low-Income 13,850 Low-Income 22,900 Very Low-Income 14,300 2 Per 31,750 22,600 23,050 14,400 30,900 19,300 31,750 22,100 26,300 16,450 28,100 17,550 29,100 18,200 21,950 13,700 23,100 14,450 25,350 15,850 26,200 16,350 3 Per 35,750 25,400 25,900 16,200 34,800 21,750 35,750 24,850 29,600 18,500 31,600 19,750 4 Per 39,700 28,250 28,800 18, 000 38,650 24,150 39,700 27,600 32,900 20,550 35,100 21;950 32,750 36,400 20,450 22,750 24,700 15,450 26,000 16,250 28,500 17,800 29,450 18,400 27,450 17,150 28,900 18,050 31,700 19,800 32,700 20,450 'Low-Income Limit subject to the national median family income level of $39,700. NOTE: CALIFORNIA MEDIAN l'&'1ILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. 5 Per 42,900 30,500 31,100 19,450 41,750 26,100 42,900 29,800 35,500 22,200 6 Per 46,050 32,750 33,400 20,900 44,800 28,000 46,050 32,000 38,150 23,850 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 8 Per 52,400 37,300 38,000 23,750 51,000 31,900 52,400 36,450 43,400 27,150 37,950 40 ,7Sq;!,ii~3'5SQ~A9t~SO* 23, 700 :'25/4502i<i27'!'200~9~95;Q'i! 39,300 24,550 29,650 18,500 31,200 19,500 34,200 21,400 35,350 22,100 42,200 26,400 31,850 19,900 33,500 20,950 36,750 22,950 37,950 23,700 45,150 28,200 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 48,050 30,050 36,200 22,650 38,100 23,850 41,800 26,150 43,200 27,000 ~ \ ~ RESOLUTION NO. 1'7195 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JOBS FOR YOUTH AND AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the timeframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on file in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Chris Salomone Community Development Director ApproZOO~~ ~ Bruce M. Boogaard City Attorney 'ittp-/ /fJr:{- J Presented by WPC F:\HOME\COMMDEV\1132.93, 1131.93 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT ~ Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information m\.l'St be disclosed: I. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. The C1ty Of Chula iista J')bSlrOr Youth 2. If any person identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. Mrs. June Brines, Treasurer ~rs. Ida Strickland, Volunteer Mrs. Vincent Scavo. Volunteer 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Nora Sears, Director June Brines, Treasurer Mrs. V1ncent Scavo 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No~ If yes, state which Councilmember(s): Person is dermed as: "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, mun'icipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) ;!4/ cJ~ Signature of contractor/applicant Nora Sears Q-"" /J _ ? Print or type name of contractor/applicant () Lt' ./ [Revised: llf30/90f Date: July 14. 199, [C ,I WP51ICOUNCILIDISCLOSE.TXT] . . AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF JOBS FOR YOUTH IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENf is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Jobs for Youth, a non-profit organization ("Grantee"), and is made with reference to the following facts: REC!TALS . WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations' of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Reouirement The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits WPC F:\HOME'COMMDEV\1086.93 &. 1087.93 Y{J-i Page 1 for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for Temporary Employment on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $3,100 (Three Thousand, One Hundred Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract. 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter; (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicityaccording to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (0 number of. female-headed households served. WPC F:\HOME'COMMDEV\1086.93 & 1087.93 'i?9 -3 Page 2 7. Assignment The services of Jobs for Youth are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete rmandal and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of JOBS FOR YOUTH, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other PrOgram Reauirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Relicious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. ();-~ Page 3 WPC F:\HOME'COMMDEV\l086.93 & 1087.93 15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. '04J ? Page 4 WPC F:\HOME'COMMDEV\l086.93 & 1087.93 . 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and "any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista A TIEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney JOBS FOR YOUTH BY: k/ c;L/ , ~ --r:7 /~ y' .../ /' Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure Statement NOT SCANNED WPC F:'HOME\COMMDEV\1086.93 & 1087.93 'i5rr-~ Page 5 . ' )1 ~ ~ '\ 1 , EXHIBIT A fX"'R~r R Jobs for YOllth ",' statement of Work and Schedule 1. Statement of Work Jobs for Youth will assist local youth, ages 14-22, to find temporary employment. We will intake employment opportunities from local businesses, churches, and households and match them to youth who are looking for temporary work assignments. We will also assist the youth to prepare for job interviews. The program will serve 1,000 youth from low and moderate income households. 2. Schedule for Implementation Jobs for Youth will operate Monday, Wednesday, and Friday form 10 A.M. to 4 P.M. at Lauderbach Community Center, 333 Oxford st., Chula Vista. during the term of this contract. Budqet Salaries/Benefits Rent/Utilities Equipment/Supplies Other Expenses $ 2,400.00 285.50 299.50 115.00 Total $ 3,100.00 g-cp-j southern california Metropolitan Areas Anaheim-santa Ana PMSA . (orange County) Bakersfield MSA (Kern County) Los Angeles-Long Beach PM SA (Los Angeles County) oxnard-ventura PMSA (Ventura county) Riverside-San Bernardino PMSA (Riverside-san Bernardino counties) pan Diego.}'I~~'M '(sati~Di"€g~9un"Y)i ",_-.;_,::i~:L~-;'_Lt~:&;::..(&::r~..., s~nta Barbara-santa Maria-Lompoc MSA (santa Barbara County) southern california Non-Metro counties Imperial County Inyo County Mono county San Luis Obispo County FY '93 Median Family Income $56,500 $35,000 $43,000 $55,200 $41,100 ----------------r------------INCOME LIMITs---------------------J:~lll~lJ[--~ 1 Per 2 Per 3 Per 4 Per 5 Per 6 Per 7 per 8 Per *Low-Income 27,800 31,750 35,750 39,700 42,900 46,050 49,250 52,400 very Low-Income 19,800 22,600 25,400 28,250 30,500 32,750 35,050 37,300 Low-Income 20,150 23,050 25,900 28,800 31,100 33,400 35,700 38,000 Very Low-Income 12,600 14,400 16,200 18,000 19,450 20,900 22,300 23,750 Low-Income 27,050 30,900 34,800 38,650 41,750 44,800 47,900 51,000 Very LOW-Income 16,900 19,300 21,750 24,150 26,100 28,000 29,950 31,900 *Low-Income 27,800 31,750 35,750 39,700 42,900 46,050 49,250 52,400 Very Low-Income 19,300 22,100 24,850 27,600 29,800 32,000 34,200 36,450 Low-Income 23,000 26,300 29,600 32,900 35,500 38,150 40,750 43;400 Very Low-Income 14,400 16,450 18,500 20,550 22,200 23,850 25,500 27,150 "$43,900.Low-Income, 24,600.. 28;100;;;31, 600':35,ioO ;,37,9,50;.?[;4Q,:;'1,~~~l~f:R~l)o-.&m.5m ..,~._. '.- ---"'very Low:"Income 15.350"17,550'."19, 750"21;950 .23;700"""25'i"45'u~~O\'O'-I~!fj~"5"~ $45,500 LOW-Income 25,500 Very Low-Income 15,950 29,100 18,200 32,750 20,450 39,300 24,550 36,400 22,750 $27,700 LOW-Income 19,200 21,950 24,700 27,450 29,650 Very LOW-Income 12,000 13,700 15,450 17,150 18,500 $33,600 LoW-Income 20,200 23,100 26,000 28,900 31,200 Very-Low Income 12,650 14,450 16,250 18,050 19,500 $39,600 Low-Income 22,200 25,350 28,500 31,700 34,200 Very Low-Income 13,850 15,850 17,800 19,800 21,400 $40,900 LOW-Income 22,900 26,200 29,450 32,700 35,350 Very Low-Income 14,300 16,350 18,400 20,450 22,100 'Low-Income Limit subject to the national median family income level of $39,700. NOTE. CALIFORNIA MEDIAN l'AMILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. 42,200 26,400 45,150 28,200 48,050 30,050 31,850 34,000 36,200 19,900 21,250 22,650 33,500 35,800 38,100 20,950 22,400 23,850 36,750 39,300 41,800 22,950 24,550 26,150 37,950 40,550 43,200 23,700 25,350 27,000 ~ "'" \ ~ RESOLUTION NO. 171' &, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES (CASA NUESTRA) AND AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the timeframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on me in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by ~t1t~ Bruce M. Boogaard City Attorney 8'/(-/ /g/?-1 Chris Salomone Community Development Director WPC F:\HOME\CQMMDEV\1132.93. 1131.93 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor , material supplier. NnNH' ') 2. If any person identified pursuant to (1) above is a corporation or partJiership, list the names of all individuals owning more th~ 10% of the shares in the corporation or owning any partnership interest in the partnership. - ;- NONE 3. If any person identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ~pp At-t.::lf'n(.:lr! T,; c::t 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes_ NO+ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Kathrvn Lembo 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember(s): Person is defined as: "Any individual, finn, co-partnership, joint venture, associaJion, social" club, fraternal organiZation, corporation, e3taJe, trust, receiver, syndicaJe, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination aaing as a unil. . (NOTE: Attach additional pages as necessary) 7 (//1/ ~~ / Date: [C,' WPS lICOUNCn.1D1SCLOSE.TX1l gnature contractor/applicant ",-;"ufA f3AY ComfYIllilJdv ,5eRurce5 Print or type.. name of contractor/applicant :if'1\ - ~. [Rev;sed: l1/30/90J BOARD OF DIRECTORS ROSTER Charles L. Pugsley, President Agent, C.V.Police Dept. 3702 wild Oats Lane Bonita, CA 91902 619/691-5228 work 619/470~0282 home (1st Term)' Ranie Hunter, Secretary The Baldwin Company 11975 El Camino Real, Ste 200 San Diego, CA 92130 619/259-2900 work 619/259-0247 fax (2nd term) Jess Valenzuela Director of Parks & Recreation City of Chula vista 276 Fourth Ave. Chula vista, CA 91910 619/691-5071 work (1st term) Charles Moore Sales Manager Laidlaw Waste Systems 881 Energy Way Chula Vista, CA 91911 619/421-9400 work (3rd term) Ray-Etta Morrell 116 Palomae Street Chula vista, CA 91911 619/422-2638 home (3rd term) Estela Lemos 76 Oaklawn Avenue Chula Vista, CA 91910 619/420-7391 home (1st term) Tony Linares Medical Director 378 First Avenue Chula Vista, CA 91910 619/691-9729 home 619/422-8273 work (1st term) Reyes Franco, Vice President 453 Smokey Circle Chula Vista, CA 91910 619/531-6478 work (3rd term) Shirley Ferrill, Treasurer Program Coordinator Metro, Inc. 2712 14th Street National City, CA 91950 619/234-3158 work 619/267-2516 home (2nd term) Maria Martinez 1225 Broadway Apt. 412 Chula Vista, CA 91911 619/426-8114 home (1st term) Emerald Randolph Retired, Director Chula vista Elementary School District P.O. Box 17 Jamul, CA 91935 619/669-0538 (1st term) Freddie Nesbit Retired, consultant California Youth Authority 506 Newfield Street Gardena, CA 90248 213/321-9517 home (1st term) Brad Wilson Vice President Wilson and Cox Insurance 249 E Street Chula Vista, CA 91912 619/422-6173 work (1st term) 6/)"i ~ AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH BAY COMMUNITY SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and South Bay Community Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: REC!TAL~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this agreement shall be for a period of one (1) year, from July I, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons WPC F:\HOMlNX)MMDEV\l086.93 & 1087.93 ?f-~ Page 1 ,. , provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for Casa Nuestra on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $15,000 (Fifteen Thousand Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (aY the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. WPC F:'HOME'COMMDEV\l086.93 & 1087.93 8'/f-b Page 2 f 7. Assignment. The services of South Bay Community Services-Intervention are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fmancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of South Bay Community Services-Intervention, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " 11. Other Program Requirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC F:\HOMFCOMMDEV\l086.93 & 1087.93 6d('- 7 Page 3 ,r 15. Drug-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CPR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CPR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. WPC F:\HOME'COMMDEV\l086.93 & 1087.93 'gl(-r Page 4 4 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SOUTH BAY COMMUNITY SERVICES Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure Statement NOT SCANNED WPC F::\HOME'COMMDEV\l086.93 & 1087.93 ?rf- / Page 5 EXHIBIT A STATEMENT OF WORK AND PERFORMANCE SCHEDULE (CASA NUESTRAJ Provide shelter services for 60 runaway and/or homeless youth. Over the 12 month period. Reunify and stabilize 200 families of runaway youth. Crisis Intervention to 500 runaway and homeless youth. AIDS & Drug prevention education to 400 youth. EXHIBIT B BUD GET SALARIES/FRINGE BENEFITS $ 15,000 Y{--J() southern california Metropolitan Areas ~naheim-santa Ana PMSA (orange county) Bakersfield MSA (Kern County) FY '93 Median Family Income $56,500 $35,000 Gos Angeles-Long Beach PMSA (Los Angeles County) Jxnard-Ventura PMSA (Ventura county) Riverside-San Bernardino PMSA (Riverside-san Bernardino counties) $43,000 $55,200 $41,100 ~an,Diego..MS,.Af. '$,,4,3,~00 ',san1>riie"O>l'Cc;\int)' ' , ( " g.,.."", ,y,; . ..!..~,~.~.::/~.-j;::tJ,.; J.\l;;';.,'.",,::,-~;-,::i!;/L...~" santa Barbara-santa Maria-Lompoc $45,500 MSA (Santa Barbara County) southern california Non-Metro counties Imperial county $27,700 Inyo County $33,600 Mono county $39,600 San Luis Obispo County $40,90.0 -----------------------------INCOME LIMITS---------------------I:~ltl~}J[--~ 1 Per 'Low-Income 27,800 Very Low-Income 19,800 Low-Income 20,150 Very Low-Income 12,600 Low-Income 27,050 Very Low-Income 16,900 'Low-Income 27,800 Very Low-Income 19,300. LOW-Income 23,000 Very Low-Income 14,400. Low-Income 24,600. Very LOW-Income 15,350 Low-Income 25,500. Very Low-Income 15,950 Low-Income 19,20.0 Very Low-Income 12,000 Low-Income 20,20.0 Very-Low Income 12,650 LOW-Income 22,20.0 Very Low-Income 13,850. Low-Income 22,90.0 Very Low-Income 14,300. 2 Per 31,750 22,600. 23,050 14,400 30,900. 19,300 31,750 22,100 26,300 16,450 3 Per 35,750 25,400 25,900 16,200 34,800 21,750 35,750 24,850 29,600 18,500 28;10.0 31,600. 17,550' 19,750 29,100 18,200 21,950 13,700. 23,100 14,450 25,350. 15,850 26,200. 16,350 32,750 20,450. 24,700 15,450 26,000 16,250. 28,500 17,800 29,450. 18,400 'Low-Income Limit subject to the national median family income level of $39,700.. 4 Per 39,700 28,250 28,80.0 18,000 38,650 24,150 39,700 27,600 32,900 20,550 35,10.0 21;950 36,400 22,750 27,450 17,150 28,900 18,0.50 31,700 19,800 32,700 20,450 NOTE. CALIFORNIA MEDIAN l'hMILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200.. ~ ~ ~ "" 5 Per 42,900. 30,500 31,100 19,450 41,750. 26,100. 42,900 29,800. 35,500 22,200. 6 Per 46,050 32,750. 33,400. 20.,900. 44,800. 28,0.00. 46,050. 32,000. 38,150. 23,850 7 Per 49,250 35,0.50 35,700 22,300 47,900 29,950 49,250 34,200 40.,750 25,500 8 Per 52,400 37,300. 38,000 23,750. 51,000. 31,900. 52,400 36,450 43,400 27,150 37 ,950.. ".".40l,15Q)~A~~?~Q~~.~li:,R5,Q]; 23, 700"25; 450''''''27';'2.0'0-'-~8;'95'o.'' 39,30.0. 24,550 29,650 18,500 31,200 19,500 34,200 21,400 35,350 22,100 42,200. 26,400 31,850. 19,900 33,500. 20,950 36,750. 22,950 37,950 23,70.0. 45,150 28,200 34,000 21,250 35,800 22,400 39,30.0 24,550. 40.,550 25,350 48,050. 30,050. 36,200 22,650. 38,100. 23,850 41,800. 26,150. 43,200. 27,000. , AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH BAY COMMUNITY SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and South Bay Community Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: REC!TALS WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons WPC F:\HOMFCOMMDEV\1086.93 & 1087.93 g~-/~ Page 1 provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for Graffiti Eradication on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $33,600 (Thirty-three Thousand, Six Hundred Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. WPC F:\HOMIN:OMMDEV\1086.93 & 1087.93 Y~-/3 Page 2 7. Assignment. The services of South Bay Community Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete rmancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of South Bay Community Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " 11. Other PrOgram Requirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CPR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WI'(': F:'HOMFCOMMDEV\1086.93 & 1087.93 ~I(-/,/ Page 3 15. Drug-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 6~~ ;5 Page 4 WPC F:'HOME'4::XlMMDEV\l086.93 & 1087.93 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SOUTH BAY COMMUNITY SERVICES B~) ~/Wk Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure Statement NOT SCANNED WPC F:lHOMElCOMMDEV\1086.93 & 1087.93 g;f---/~ Page 5 EXHIBIT A STATEMENT OF WORK AND PERFORMANCE SCHEDULE (GRAFFITI) Eradicate 2,500 sites of graffiti utilizing juveniles in community service project. Over the 12 month period. Staff the Chula Vista Graffiti Coalition Assist in the education and enforcement of City Municipal Code regarding graffiti paraphernalia. Develop and distribute Graffiti Eradication Users Manual. Data entry of all graffiti crime reports into CVPD Tagger Moniker Tracking System developed by SBeS staff. EXHIBIT B BUD GET SALARIES/FRINGE BENEFITS $ 32,500 EQUIPMENT/SUPPLIES 1,000 MILEAGE 100 TOTAL $ 33,600 -------- -------- gf-/? southern california ~etropolitan Areas ~naheim-santa Ana PMSA (orange County) 3akersfield MSA (Kern county) cOS Angeles-Long Beach PMSA (LOS Angeles County) ~xnard-Ventura PMSA (Ventura County) Riverside-San Bernardino PMSA (Riverside-san Bernardino counties) pan. DAe90,1-Il>~'tl '(S~~:fEE~~~~l.~l~ . . , Santa Barbara-santa Maria-Lompoc M9A (santa Barbara County) southern california Non-Metro counties Imperial County Inyo county Mono county San Luis obispo County -----------------------------INCOME LIMITS---------------------~~\l}~l][--~ FY '93 Median Family Income 1 Per 2 Per 31,750 22,600 23,050 14,400 30,900 19,300 31,750 22,100 26,300 16,450 3 Per 35,750 25,400 25,900 16,200 34,800 21,750 35,750 24,850 29,600 18,500 4 Per 39,700 28,250 28,800 18,000 38,650 24,150 39,700 27,600 32,900 20,550 5 Per 42,900 30,500 31,100 19,450 41,750 26,100 42,900 29,800 35,500 22,200 6 Per 46,050 32,750 33,400 20,900 44,800 28,000 46,050 32,000 38,150 23,850 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 8 Per 52,400 37,300 38,000 23,750 51,000 31,900 52,400 36,450 43,400 27,150 , '~E!~~~,.. Low-Income 24,600,28,100 31,600 ""23S1','9iSO.oO; ;2373',.79.S0'oO",i~SO...,;,,74"~-.-':1ii4.2..'..~L,?,5.0~~~"~e~.',,-'i9';~O~'" 'very Low"-Income 15,350 ....17,550.""19.,750. . Fo~U"17' 'U~ "'. ~"il $56,500 'Low-Income 27,800 Very Low-Income 19,800 $35,000 Low-Income 20,150 very Low-Income 12,600 $43,000 Low-Income 27,050 Very Low-Income 16,900 $55,200 'Low-Income 27,800 Very Low-Income 19,300 $41,100 Low-Income 23,000 very Low-Income 14,400 $45,500 Low-Income 25,500 Very Low-Income 15,950 29,100 18,200 21,950 13,700 23,100 14,450 25,350 15,850 26,200' 16,350 32,750 20,450 24,700 15,450 26,000 16,250 28,500 17,800 29,450 18,400 -Low-Income Limit subject to the national median family income level of $39,700. $27,700 LOW-Income 19,200 Very Low~Income 12,000 Low-Income 20,200 Very-Low Income 12,650 LOW-Income 22,200 Very Low-Income 13,850 LOW-Income 22,900 Very Low-Income 14,300 36,400 22,750 27,450 17,150 28,900 18,050 31,700 19,800 32,700 20,450 NOTE: CALIFORNIA MEDIAN !'hMILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. ~ ~ ~ $33,600 $39,600 $40,900 39,300 24,550 29,650 18,500 31,200 19,500 34,200 21,400 35,350 22,100 42,200 26,400 31,850 19,900 33,500 20,950 36,750 22,950 37,950 23,700 45,150 28,200 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 48,050 30,050 36,200 22,650 38,100 23,850 41,800 26,150 43,200 27,000 RESOLUTION NO. 1'11'7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES (GRAFFITI ERADICATION) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the tirneframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on me in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Chris Salomone Community Development Director Approved as to form by B~~g~ ~ City Attorney Presented by WPC F:\HOME\COMMDEV\l132.93, 1131.93 gS-'1 RESOLUTION NO. 17J9Y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES (INTERVENTION TEAM) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the tirneframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on file in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by APprovr /Ii. b:,: Chris Salomone Community Development Director Bruce M. Boogaard City Attorney WPC F:\HOME\COMMDEV\1132.93, 1131.93 ~r:1 RESOLUTION NO. I?/#:j? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES (COMMUNITY DEVELOPMENT PROGRAM) AND AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HOD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the tirneframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on file in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Chris Salomone Community Development Director g"" I Approved as to form by B~'~~ ~ City Attorney Presented by RESOLUTION NO. I ? ~~(? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MAAC PROJECT AND AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's 1993-94 CDBG entitlement; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by Grantee within the timeframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement, known as Document No. , a copy of which is on file in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION 3. This Resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter in the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by Brure:::~ r City Attorney B'II') /s( 1 Chris Salomone Community Development Director WPC F:\HOME\COMMDEV\1132.93. 1131.93 Exhibit D v THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. MAAC proiect 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See attached list 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Roqer Cazares, Executive Director Roger Caldwell, Deputy Director Rose Johnson, Human Services & Training Coordinator 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No......x If yes, state which Councilmember(s): Person is defined as: 'Any individual, firm, co-pannership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) Date: 7/r3--I<1'3 /Yf~ r 19nature 0 contractor app lcant [C:\ WP51 \COUNCIL\DISCLOSE.TXT] ~y/'3 Roger Cazares, Executive Director Print or type name of contractor/applicant [Revised: 11130/90] 2) 3) 4) MAAC PROJECT BOARD OF DIRECTORS ERNESTO AZHOCAR - CHAIRPERSON MANUEl R. CAMACHO. VICE CHAIRPERSON DOLORES ADAME - SECRETARY EDWARD NICHOLAS. TREASURER J) Anthony Ven.g.s Stediu", Techn~cian 90 E. lIapJ.. Chula Viat., CA 92010 2'3-5503 ("ork) 691-J219 (home) 6) Ed"ardllichol..a High School Co..ch 23J2 "r Ave. N.tional City, 92050 477-5726 (hOltJe1 Ernesto A~hocar IMPACT Director J7'9 IIational Ave. San Diego, CA 92JJ3 239-3"J (work) 7) Victor ~eaende~ Principal, Penn Elem. 3932 ,..1. Drive .onit.., CA 12002 575-5"2 (work) 472-J005 (hOtH) Dolor.a Ad&JIII Community Activiat 250 E. '..rk Av.nu. San raidro, CA 12073 42'-1611 (hoa.) ,) Juan .odri9Ve~ Jfur..ry Worker 22J2 'r~o.i, Apt. 5 Vi.ca, CA 12013 5t1-tln (hOtH) 727-2492 (work) DeU in L&bao .etired JIOJ ~.. .tr..t N..tion..l City, CA '2050 262-2JI7 (h_) , ) Anni. Arroyo rax Co.pliance Offic.r ElIIployment Dev.lop. D.pt. 327 II. .obier Driv. V in.., CA 12013 465-315' (hOtH) 7f 7-2203 (work) 5) .anu.l .. C....cho re..tro 1fuaic..1 Dir.ctor 3717 ....d. Av.nu. .an Di.go, CA '2JJ6 2'J-'262 (hOlH) 4"-67" (work) (jV- 'I T " AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF MAAC PROJECT IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 20, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and MAAC Project, a non-profit organization ("Grantee"), and is made with reference to the following facts: REC!TAL~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 18, 1993, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1993 through June 30, 1994. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income ReQuirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits 2)'1//5' Page 1 WPC F:\HOME'COMMDEV\l086.93 & 1087.93 . for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budget. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Emergency Food Program on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $7,500 (Seven Thousand, Five Hundred Dollars) payable in approximately equal monthly payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, pave the option to terminate this Agreement and terminate funding thereof to the date of such termination upon amending the budget affecting the continued funding of the program which is the subject matter of this contract. 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. irV/b I Page 2 WPC F:\HOME'CQMMDEV\l086.93 & 1087.93 7. Assignment. The services of MAAC Project are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete f"mancial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of MAAC Project, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " II. Other Program Requirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regnlations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC F:\HOMECOMMDEV\l086.93 & 1087.93 i{}/// Page 3 15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbving of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CPR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CPR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. WPC F:\HOMECOMMDEV\l086.93 &. 1087.93 !S'v,- r Page 4 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and' any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WTINESS WHEREOF, City and Grantee have executed this Agreement this day of , 1993. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista A TrEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney ::Aa:{CQ Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUD Income Limits (Revised May 1992) Exhibit D. City of Chula Vista Party Disclosure StatementNOTSCANNW WPC F:\HOME'COMMDEV\1086.93 & 1087.93 l?V~'7 Page 5 Exhibit A STATEMENT OF WORK EMERGENCY FOOD PROGRAM EXHIBIT A EXHIBIT B The City of Chula Vista CDBG Funds of $7,500 will be specifically utilized to purchase food, infant formula and diapers for low-income Chula Vista residents. MAAC Project will serve approximately 300 low income households at an average cost of $25.00 per household. The direct aid will be provided through the: MAAC otay Service Center 1671 Albany Avenue Chula Vista, CA 91911 (619) 422-9236 Facility hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday. MAAC Project will submit quarterly reports consisting of purchase receipts and statistical data as required by City of Chula vista. Exhibit B BUDGET The following projection of expenditures is for planning purposes and may vary based on actual needs of the low-income Chula Vista residents. Grant 3rd Qtr 93 $1200 4th Qtr 93 $2100 1st Qtr 94 2nd Qtr 94 $2100 $2100 II of Clients 48 84 84 84 '6t/~JO Exhibi t c :outhern california letropolitan Ar.as naheim-Santa Ana PMSA orange county) akersfie1d MSA Kern county) os Angeles-Long Beach PMSA Los Angeles County) 'xnard-Ventura PM SA Ventura County) iverside-san Bernardino PMSA Riverside-san Bernardino ounties) an Diego MSA" san';;Diego,fCbunty) ant a Barbara-Santa Maria-Lompoc .sA (Santa Barbara County) outhern california on-Metro counties mperia1 county nyo county lono county Ian Luis Obispo County FY '93 Median Family Income $56,500 $35,000 $43,000 $55,200 $41,100 $43,900 $45,500 $27,700 $33,600 $39,600 $40,900 -----------------------------INCOME LIMITS-----------------------------------_ 1 Per *Low-Income 27,800 Very Low-Income 19,800 Low-Income 20,150 Very Low-Income 12,600 Low-Income 27,050 Very Low-Income 16,900 -Low-Income 27,800 Very Low-Income 19,300 Low-Income 23,000 Very Low-Income 14,400 Low-Income 24,600 very Low-Income 15,350 Low-Income 25,500 Very Low-Income 15,950 Low-Income 19,200 Very Low-Income 12,000 Low-Income 20,200 Very-Low Income 12,650 Low-Income 22,200 Very Low-Income 13,850 Low-Income 22,900 Very Low-Income 14,300 2 Per 31,750 22,600 23,050 14,400 30,900 19,300 31,750 22,100 26,300 16,450 28,100 17,550 29,100 18,200 21,950 13,700 23,100 14,450 25,350 15,850 26,200 16,350 3 Per 35,750 25,400 25,900 16,200 34,800 21,750 35,750 24,850 29,600 18,500 31,600 19,750 32,750 20,450 24,700 15,450 26,000 16,250 28,500 17,800 29,450 18,400 'Low-Income Limit subject to the national median family income level of $39,700. 4 Per 5 Per 39,700 42,900 28,250. 30,500 28,800 18,gOO 38,650 24,150 39,700 27,600 32,900 20,550 35,ioo 21,950 36,400 22,750 27,450 17,150 28,900 18,050 31,700 19,800 32,700 20,450 IOTE: CALIFORNIA MEDIAN !'",'1ILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200. NON-METRO MEDIAN FAMILY INCOME $34,200. 31,100 19,450 41,750 26,100 42,900 29,800 35,500 22,200 6 Per 46,050 32,750 33,400 20,900 44,800 28,000 46,050 32,000 38,150 23,850 7 Per 49,250 35,050 35,700 22,300 47,900 29,950 49,250 34,200 40,750 25,500 8 Per , 52,400 37,300 38,000 23,750 51,000 31,900 52,400 36,450 43,400 27,150 .~ . ... "'\ ::-43;550:'46,350 . '27,20028,950~ 45,150 48,050 (\ 28,200 30,050 VQ 37,950 . 40',750 23,700 25,450 39,300 42,200 24,550 26,400 29,650 18,500 31 , 2'00 19,500 34,200 21,400 35,350 22,100 31,850 19,900 33,500 20,950 36,750 22,950 37,950 23,700 34,000 21,250 35,800 22,400 39,300 24,550 40,550 25,350 36,200 22,650 38,100 23,850 41,800 26,150 43,200 27,000 CITY COUNCIL AGENDA STATEMENT Item ~ Meeting Date 7-27-93 SUBMITTED BY: RESOLUTION /73." I CONDITIONALLY APPROVING A LAND LEASE AGREEMENT WITH CIVIC CENTER BARRIO HOUSING CORPORATION FOR 650 SQUARE FEET OF LAUDERBACH PARK TO ACCOMMODATE A CHILD CARE FACILITY OPEN SPACE REQUIREMENT. [? Community Development Dir.ect6r Parks and Recreation Directo~ City Manager~ \)Il\ ~'\ LJ~ (4/Sths Vote: Yes _ No _XJ ITEM TITLE: REVIEWED BY: BACKGROUND: On February, 1992, the City of Chula Vista entered into an agreement with Civic Center Barrio Housing Corporation (CCBHC), a non-profit developer for 20 years, to build a 28-unit apartment complex at 1246 - 1256 Third Avenue (The Park Village Apartments) to provide housing opportunities to very low income families and to give preference to displaced trailer park residents of Chula Vista. The City participation in this $3.0 million dollar project was a $350,000 loan from our Low and Moderate Income Housing Fund to help purchase the site. The uniqueness of this project, besides providing housing to low income families is that the tenants will have access to on-site child care and off-site job training opportunities for the purpose of promoting self sufficiency. Final selection of tenants is currently underway and a grand opening ceremony is being planned for early August. An issue regarding adequate space for child care in this project has arisen which threatens the principal financing for the project. A proposed solution involves the leasing of a small, remote, unused portion of Lauderbach Park to CCBHC for child care use. RECOMMENDATION: That the Council approve: A. The submittal of a request to the County of San Diego to amend the Grant Deed for Lauderbach Park to accommodate a lease to the Civic Center Barrio Housing Corporation; and contingent upon county approval of amended Grant Deed; B. That the Council: 1. Adopt the attached resolution which approves a lease agreement between the City and the Civic Center Barrio Housing Corporation for 40 years for approximately 650 square feet of land on the eastern side of Lauderbach Park; and 2. Authorize the Mayor to sign the Lease Agreement following the approval by the County of San Diego of the Amendment of the Grant Deed. 9"/ Item Meeting Date 7-27-93 Page 2 , BOARDS/COMMISSIONS RECOMMENDATION: Both the Child Care Commission and the Parks and Recreation Commission have unanimously recommended approval of the land lease agreement. DISCUSSION: CHILD CARE OPEN SPACE ISSUE CCBHC originally bought the site with approved plans for a 30-unit apartment complex from another private developer, The plans were for 17 two bedrooms and 13 one bedroom units, In order to develop affordable housing, CCBHC applied for a $IA million permanent loan at 3% for 40 years from the state of California Family Housing Demonstration Program (FHDP) to ensure rental affordability to very low income families, In order to satisfy FHDP requirements, the original plans were retrofitted to a 28-unit complex of larger size bedroom units, and the building was redesigned to accommodate a day care center for 31 children of three different age groups, During construction, discussion between CCBHC and FHDP regarding the child care component was limited to the building space, but unfortunately the open space requirements were not specified until the standard agreement was executed which took place after the buildings had been completed, The child care center must serve and accommodate 31 children in three licensed age groups, and the space set aside for the center must include a minimum-sized outdoor activity space estimated at 2,350 square feet. The project needs approximately 650 square feet of additional open space to meet the child care licensing requirement. Efforts have been made to modify the requirement, but to no avail. At this point, there is a risk of losing the opportunity to obtain the FHDP loan if the open space issue is not resolved, which would result in much higher rents, PROPOSED SOLUTION On May 10, 1993, the Department received a request from the Civic Center Barrio Housing Corporation for the City to consider leasing approximately 650 square feet of Lauderbach Park to the corporation at $ L 00 a year for 40 years to satisfy the State of California licensing open space requirement for a child care center at Park Village Apartments, The small portion of Lauderbach Park which is being requested for lease is depicted in the attached schematic, It is a section of land east of the sidewalk and south of the basketball court. This portion of land is in a remote part of the park and is unused except as sparse perimeter landscaping, As part of the lease agreement, the City will be requiring proper fencing and protective language in the lease agreement, which will keep the land in good condition and repair for future use, The lease will also include a reverter clause if the space is not used for child care purposes and will hold the city harmless of any liability problems, &J..:J.. Item Meeting Date 7-27-93 Page 3 Cj LEGAL REQUIREMENTS TO LEASE PARK LAND AT LAUDERBACH PARK As a result of the annexation of the community of Montgomery to the City of Chula Vista in 1985, the County of San Diego issued a grant deed to the City of Chula Vista for Lauderbach Park. The Grant Deed contains a provision which would cause the City to lose ownership rights to Lauderbach Park if any portion of the land is used for purposes other than a public park. The City Attorney's Office has advised that the City can petition the County for a Resolution to provide a limited waiver to this provision in the Grant Deed. The San Diego County Child Care Coordinator is assisting the City in taking this matter through the County approval process. SUMMARY The Park Village Apartments is an important and innovative demonstration opportunity to provide low-moderate income housing, job training and child care to households most in need. Staff believes the CCBHC's request for a lease of a small portion of Lauderbach Park should be granted. FISCAL IMPACT: None JA/ag {AG\A:\CCBHC,113] DlSKNl 9~ J (q-t-f P ARK VILLAGE APTS. PLAY AREAS E-< ~ ~ ~. E-< (f) PROPOSED LEASE COMMUNITY BLDG. J I , I ,;,~.;- .,.. .. . . .~:. : .' ',,',~: ." '," ." . ..'. '. . ... .' ...,........;:: '. . -, . .." I II' rI> cp ([~ , ---1. _ J '.' '. . " . ,', ," ..:.... ....... . -...... . . ~. '.. r~~~~~:::.>'l'1 '..1 ,L. I ;t~ ';1 I '( '., I BALLFIELD..' 1 ! , I I, ; I I. n I ". .' ...1: .: ./., ". ....j L I'~ ~-f-:-:.:--.~' : : "... ,', . ~. 8 NORTH NTS . . . .. ::~ ..:'. ..... . .'.... .', 0' ~ , . ' . .; " ,- . " ," Cl ~ o ~ X. o 1 II PARKING AREA '". . " .-' " '. . '" '.' ~ :.,: . . .. '. '. . .... . ::;: . ..' . .....: . .~; DRAWN BY: MBH T ITL E: DA TE: LAUDERBACH PARK 3.17.93 RESOLUTION NO. J'l~OJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING A LAND LEASE AGREEMENT WITH CIVIC CENTER BARRIO HOUSING CORPORATION FOR 650 SQUARE FEET OF LAUDERBACH PARK TO ACCOMMODATE A CHILD CARE FACILITY OPEN SPACE REQUIREMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, on February, 1992, the City of Chula vista entered into an agreement with Civic Center Barrio Housing Corporation (CCBHC) to build a 28-unit apartment complex at 1246- 1256 Third Avenue to provide housing opportunities to very low income families and to give preference to displaced trailer park residents of Chula Vista; and WHEREAS, an issue regarding adequate space for child care in the project has arisen which threatens the principal financing for the project and a proposed solution involves the leasing of a small, remote, unused portion of Lauderbach Park to CCBHC for child care use. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby conditionally approve a Ground Lease Agreement between the city of Chula vista and Civic Center Barrio Housing corporation for 650 square feet of Lauderbach Park to accomodate a child care facility open space requirement, a copy of which is on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City. Presented by Approved as to form by 4-. iJt. Chris Salomone, Director of Community Development Bruce M. Boogaa , C1ty Attorney F:\home\attomey\CCBHC.res 9-'> Ground Lease Agreement between City of Chula Vista and civic Center Barrio Housing Corporation THIS LEASE, dated July 21, 1993 for the purposes of reference only("Reference Date," herein), and effective as of the date last executed by the parties ("Effective Date", herein), between 1: Parties The City of Chula Vista, a municipal corporation of the State of California, hereinafter "Lessor," and civic Center Barrio Housing Corporation, a non-profit, public benefit California corporation hereinafter "Lessee, '.' is made with reference to the following references, definitions and facts: 2: References and Recitals: 2:.1 "Subject Property"; "Premises" "Subject Property", or "Premises", used alternatively herein, shall mean the real property, which is essentially unimproved, which is the subject matter of this Ground Lease is an approximately 650 square foot area of a park in the city of Chula vista known as Lauderbach Park, located at 333 Oxford Street, located in Chula vista, San Diego County, California, and is diagrammatically presented as set forth in Exhibit A, and legally described as set forth in Exhibit B. 2:.2 "Effective Date" The Effective Date shall be the date that this agreement is last executed by the parties. 2:.2.1 Delay in Possession. Notwithstanding said Effective Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on said date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the term hereof, but in such case, Lessee shall not be obligated to pay rent or perform the obligations of this Lease until possession of grndlse1.wp July 21, 1993 Ground Lease to civic Center Barrio Page 1 9'~ the Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered possession of the Subject Property within sixty (60) days from said Effective Date, either party may, by notice in writing to other party, within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder. 3: Leasing Clause In consideration of the mutual covenants contained herein, Lessor hereby leases the Subject Property to Lessee, and the Lessee hereby leases from the Lessor, for the term and use, at the rental, and upon all of the conditions and covenants set forth herein. 4: Use Use of the site shall be only for the open air recreational use by the tenants and guests of the tenants at the Park Village Apartments, located adjacent thereto and to the east thereof, at the property commonly known as 1246- 1256 Third Avenue, Chula vista. 4:.1 Compliance with the Law. Lessee shall, at Lessee's expense, comply promptly with.all applicable statutes, ordinances, rules, regulations, orders, covenants and restrictions of record, and requirements in effect during the term or any part of the term hereof, regulating the use by Lessee of the Premises. Lessee shall not use nor permit the use of the Premises in any manner that will tend to create waste or a nuisance. 4:.2 Obligation to Refrain from Discrimination. Lessee covenants by and for itself, its successors, its assigns and every successor in interest to the site or any part thereof, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, marital status, age, handicaps, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the site, nor shall Participant itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy' of tenants, lessees, subtenants, sublessees or vendees of the site. The foregoing covenants shall run with the land. 5: Soils conditions. grndlse1.wp July 22, 1993 Ground Lease to civic Center Barrio Page 2 9~7 Lessee may terminate this lease, without further cost or expense to Lessor, prior to the Commencement Date if they demonstrate to Lessor that the SUbject Property contains soil conditions, including hazardous or toxic soil, that makes the proposed use of the Subject Property unsafe, or economically infeasible of development. Nothing herein obligates either party to correct an offending soil condition. Lessor makes no representations regarding the condition of the soil. 6: Term of Lease 6:.1 The Lessee is to have and to hold the premises after the Commencement Date for an original term of forty years or for such shorter period of time that the Park Village Apartments ceases to be used as a subsidized housing facility. 6:.2 Extensions: lease except as may be parties. There shall be no extensions of this agreed upon in writing between the 6:.3 foregoing, terminated Terminating Events: the following events forthwith. Notwithstanding the shall cause this Lease to be 6:.3.1 Exercise of Eminent Domain by any entity with the authority to exercise eminent domain. 6:.3.2 Determination by the Agency to use the Property for other purposes. 7 : Rent 7:.1 The Lessee covenants and agrees to pay to Lessor $1.00 per year as rent. 8: Condition of Premises Lessee hereby accepts the Premises in their condition existing as of the Lease Effective Date or the date that Lessee takes possession of the Premises, whichever is earlier, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee acknowledges that neither Lessor nor Lessor's agent has made any representation or grndlse1.wp July 21, 1993 Ground Lease to civic Center Barrio Page 3 ~..,~ warranty as to the present or future suitability of the Premises for the conduct of Lessee's business. Furthermore, Lessor makes no representations as to the possibility of hazardous materials or toxic waste being located on the subject premises except that Lessor warrants and represents that Lessor has not deposited any such materials on the Subject Property. Lessee has the right to inspect and conduct soils tests and studies as hereinbelow provided, and to thereby determine for itself that the soils condition is satisfactory to his needs. 9: Risks of Loss; Insurance 9:.1 Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Subject property, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all cost, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor. 9:.2 Exemption of Lessor from Liability. Lessee hereby agrees that Lessor shall not be liable for injury to Lessee's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Lessee, Lessee's employees, invitees, customers, or any other person in or about the Premises, nor shall Lessor be liable for injury to the Lessee, Lessee's employees, agents or contractors, whether such damage or injury is caused by or results from fire, flood, rain, water, steam, electricity, gas, or from the breakage, grndlse1.wp July 21, 1993 Ground Lease to civic Center Barrio Page 4 1-1 leakage, obstruction or other defects of the land, grading, elevation of the land, pipes, wires, appliances, plumbing, or from any other cause, whether the said damage or injury results from conditions arising upon the Premises or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same are inaccessible to Lessee. Lessor shall not be liable for any damages arising from any act or neglect of any other tenant, if any, of the land adjacent to the premises leased by Lessor. 9:.3 Liability Insurance. Lessee shall, at Lessee's expense obtain and keep in force during the term of this lease a policy of Combined Single Limit, Bodily Injury and Property Damage insurance insuring Lessor and Lessee against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than $1,000,000.00 per occurrence. The policy shall insure performance by Lessee of the indemnity provisions of this Section 9. The limits of said insurance shall not, however, limit the liability of Lessee hereunder. 9:.4 Property Insurance. Lessee shall not be required to obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage to the Premises for so long as same remains unimproved. If the Premises are hereafter improved, Lessee shall provide such insurance as may be acceptable to the Lessor. 9:.5 Insurance Policies. Insurance required hereunder shall be in companies holding a "General Policyholders Rating" of at least B plus, or such other rating as may be required by a lender having a lien on the Premises, as set forth in the most current issue of "Best's Insurance Guide." The Lessee shall deliver to the Lessor copies of policies of such insurance or certificates evidencing the existence and amounts of such insurance with loss payable clauses as required by this Section 9. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to Lessor. Lessee shall, at least thirty (30) days prior to the expiration of such policies, furnish Lessor with renewals or "binders" thereof, or Lessor may order such insurance and charge the grndlsel.wp July 21, 1993 Ground Lease to civic Center Barrio Page 5 9'J() cost thereof to Lessee, which amount shall be payable by Lessee upon demand. Lessee shall not do or permit to be done anything which shall invalidate the insurance policies required hereby. If Lessee does or permits to be done anything which shall increase the cost of the insurance policies required herein, then Lessee shall forthwith upon Lessor's demand reimburse Lessor for any additional premiums attributable to any act or omission or operation of Lessee causing such increase in the cost of insurance. 9:.6 Waiver of subrogation. Lessee and Lessor each hereby release and relieve the other, and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils insured against under this Paragraph 9, which perils occur in, on or about the Premises, whether due to the negligence of Lessor or Lessee or their agents, employees, contractors and/or invitees. Lessee and Lessor shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 10: Maintenance, Repairs and Alternations 10:.1 Lessee's Duties. Lessee shall keep in good order, condition and repair the Premises and every part thereof, structural and non- structural, (whether or not such portion of the premises requiring repair, or the means of repairing the same are reasonably or readily accessible to Lessee, and whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age of such portion of the Premises) including, without limiting the generality of the foregoing, all plumbing, heating, air conditioning, ventilating, electrical, lighting facilities and equipment within the Premises, fixtures, walls (interior and exterior), foundations, ceilings, roofs (interior and exterior), floors, windows, doors, plate glass and skylights located within the Premises, and all landscaping, driveways, parking lots, fences and signs located on the Premises and sidewalks and parkways adjacent to the Premises. 10:.2 Surrender. On the last day of the term hereof, or on sooner termination, Lessee shall surrender the Premises to Lessor in the same condition as when received, or if such grndlse1.wp July 21, 1993 Ground Lease to civic Center Barrio Page 6 9-'11 improvements was constructed, then when constructed, ordinary wear and tear excepted, clean and free of debris. Lessee shall repair any damage to the Premises occasioned by the installation or removal of Lessee's furnishing and equipment. Notwithstanding anything to the contrary otherwise stated in this Lease, Lessee shall leave the Premises in good condition. 10:.3 Lessor's Rights. If lessee fails to perform Lessee's obligations under this Paragraph 10, or under any other paragraph of this Lease, Lessor may at its option (but shall not be required to) enter upon the Premises after ten (10) days prior written notice to Lessee (except in the case of an emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the maximum rate then allowable by law shall become due and payable as additional rental to Lessor together with Lessee's next rental installment. 10:.4 Lessor's Obligations. Except for the obligations of Lessor specifically elsewhere provided in this Lease, it is intended by the parties hereto that Lessor has no obligation, in any manner whatsoever, to repair and maintain the Premises nor the structural improvements, including any buildings, now located or to be constructed thereon, nor the equipment now located or to be constructed therein, whether structural or non structural, all of which obligations are intended to be that of the Lessee under Paragraph 10.1. Lessee expressly waives the benefit of any statute now, or hereinafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the premises in good order, condition and repair. 10:.5 Alterations and Additions. 10:.5.1 Alterations without Consent Prohibited. Lessee shall not, without Lessor's prior written consent, make any alterations, improvements, additions, or utility Installations in, on or about the Premises. In any event, Lessee shall make no change or alteration to the Premises without Lessor's prior written consent. As used in this Paragraph 10.5, the term "utility Installation" shall grndlse1.wp July 21, 1993 Ground Lease to civic Center Barrio Page 7 9-l,z mean electrical distribution systems, lighting fixtures, space heaters, plumbing, and fencing. Lessor may require that Lessee remove any or all of said alterations, improvements, additions or utility Installations at the expiration of the term, and restore the Premises to their prior condition. Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Lessor against any liability for mechanic's and materialmen's liens and to insure completion of the work. Should Lessee make any alterations, improvements additions or utility Installations without the prior approval of Lessor, Lessor may require that Lessee remove any or all off the same. 10:.5.2 Procedure; Permits required. Any alterations, improvements, additions or utility Installations in, or about the Premises that Lessee shall desire to make and which requires the consent of the Lessor shall be presented to Lessor in written form, with proposed detailed plans. If Lessor shall give its consent, the consent shall be deemed conditioned upon Lessee acquiring a permit to do so form appropriate governmental agencies, the furnishing of a copy thereof to Lessor prior to the commencement of the work and the compliance by Lessee of all conditions of said permit in a prompt and expeditious manner. 10:.5.3 Mechanics and Materialmen's Liens. Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Premises, which claims are or may be secured by any mechanics' or materialmen's lien against the Premises or any interest therein. Lessee shall give Lessor not less than ten (10) days' notice prior to the commencement of any work in the Premises, and Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law.. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense defend itself and Lessor against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Lessor or the Premises, upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien claim or demand indemnifying Lessor against liability for the same and holding the Premises free from the effect of such lien grndlse1.wp July 21, 1993 Ground Lease to Civic Center Barrio Page 8 9~~ or claim. In addition, Lessor may require Lessee to pay Lessor's attorneys fees and costs in participating in such action if Lessor shall decide it is to its best interest to do so. 10:.5.4 Title to Alterations. Unless Lessor requires their removal, as set forth in Paragraph 10.5.1, all alterations, improvements, additions and utility Installations (whether or not such Utility Installations constitute trade fixtures of Lessee), which may be made on the premises, shall become the property of Lessor upon their installation, and remain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding the provisions of this Paragraph 10.5.4, Lessee's machinery and equipment, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Lessee and may be removed by Lessee subject to the provisions of Paragraph 10.2. 11: omitted. 12: Real Property Taxes 12:.1 Definitions 12:.1.1 Real Property Tax As used herein, the term "real property tax" shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed on the Premises by any authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage or other improvement district thereof, as against any legal or equitable interest of Lessor in the Premises or in the real property of which the Premises are a part, as against Lessor's right to rent or other income therefrom, and as against Lessor's business of leasing the Premises. The term "real property tax" shall also include any tax, fee, levy, assessment or charge (i) in substitution of, partially or totally, any tax, fee, levy, assessment or charge hereinabove included within the definition of "real property tax," or (ii) the nature of which was hereinbefore included within the definition of "real property tax," or (iii) which is imposed for a service or right not charged prior to June 1, 1978, or, if grndlse1.wp July 21, 1993 Ground Lease to civic Center Barrio Page 9 9-'J,/ previously charged, has been increased since June 1, 1978, or (iv) which is imposed as a result of a transfer, either partial or total, of Lessor's interest in the Premises or which is added to a tax or charge hereinbefore included within the definition of real property tax by reason of such transfer, or (v) which is imposed by reason of this transaction, any modifications or changes hereto, or any transfers hereof. 12:.1.2 Possessory Interest Tax. The provisions of this agreement may give rise to the creation of a possessory interest in city-owned tax exempt land or improvements. If such a possessory interest is created by this agreement, it may be subject to property taxation pursuant to California Revenue and Taxation Code sections 107, et seq., and the Lessee may be subject to the payment of property taxes levied on such interest. In such event, Participant agrees to pay, or cause to be paid, when due any such possessory interest tax. This notice is given pursuant to Revenue and Taxation Code section 107.6. 12:.2 Payment of Taxes. Lessee shall pay the real property tax, as defined herein, applicable to the Premises during the term of this Lease. All such payments shall be made at least ten (10) days prior to the delinquency date of such payment. Lessee shall promptly furnish Lessor with satisfactory evidence that such taxes have been paid. If any such taxes paid by Lessee shall cover any period of time prior to or after the expiration of the term hereof, Lessee's share of such taxes shall be equitably prorated to cover only the period of time within the tax fiscal year during which this Lease shall be in effect, and Lessor shall reimburse Lessee to the extent required. If Lessee shall fail to pay any such taxes, Lessor shall have the right ate pay the same, in which case Lessee shall repay such amount to Lessor with Lessee's next rent installment together with interest at the maximum rate then allowable by law. 12:.3 Joint Assessment. If the Premises are not separately assessed, Lessee's liability shall be an equitable proportion of the real property taxes for all of the land and improvements included within the tax parcel assessed, such proportion to be determined by Lessor from the respective valuations assigned in the assessor's work sheets or such other information as may be reasonably available. Lessor's reasonable determination thereof, in good faith, shall be conclusive. grndlse1.wp July 22, 1993 Ground Lease to Civic Center Barrio Page 10 ~if 12:.4 Personal Property Taxes. 12:.4.1 Lessee shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Lessee contained in the Premises or elsewhere. When possible, Lessee shall cause said trade fixtures, furnishings, equipment and all other personal property to be assessed and billed separately from the real property of Lessor. 12:.4.2 If any of Lessee's said personal property shall be assessed with Lessor's real property, Lessee shall pay Lessor the taxes attributable to Lessee within 10 days after receipt of a written statement setting forth the taxes applicable to Lessee's property. 13: utilities Lessee shall pay for all water, gas, heat, light, power, telephone and other utilities and services supplied to the Premises, together with any taxes thereon. If any such services are not separately metered to Lessee, Lessee shall pay a reasonable proportion to be determined by Lessor of all charges jointly metered with other premises. 14: Assignment and Subletting. 14:.1 Lessor's Consent Required. Lessee shall not voluntarily or by operation of law assign, transfer, mortgage, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or in the Premises, without Lessor's prior written consent, which Lessor shall not unreasonably withhold provided there is a commensurate increase in the rental to account for the greater productivity or value of the Premises. Lessor shall respond to Lessee's request for consent hereunder in a timely manner and any attempted assignment, transfer, mortgage, encumbrance or subletting without such consent shall be void, and shall constitute a breach of this Lease. 14:.2 No Release of Lessee. Regardless of Lessor's consent, no subletting or assignment shall release Lessee of Lessee's obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of any grndlsel.wp July 21, 1993 Ground Lease to Civic Center Barrio Page 11 9~ provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor of Lessee, in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against said assignee. Lessor may consent to subsequent assignments or subletting of this Lease or amendments or modifications to this Lease with assignees of Lessee, without notifying Lessee, or any successor of Lessee, and without Obtaining its or their consent thereto and such action shall not relieve Lessee of liability under this Lease. 14:.3 Attorney's Fees. In the event Lessee shall assign or sublet the Premises or request the consent of Lessor to any assignment or subletting or if Lessee shall request the consent of Lessor for any act Lessee proposes to do then Lessee shall pay Lessor's reasonable attorney's fees incurred in connection therewith, such attorney's fee not to exceed $1,000 for each such request. 15: Defaults; Remedies. 15:.1 Defaults. The occurrence of anyone or more of the following events shall constitute a material default and breach of this Lease by Lessee: 15:.1.1 Abandonment. The vacating or abandonment of the Premises by Lessee. 15:.1.2 Failure to Pay Rent. The failure by Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of three days after written notice thereof from Lessor to Lessee. In the event that Lessor serves Lessee with a Notice to Pay Rent or Quit pursuant to applicable Unlawful Detainer statutes such Notice to Pay Rent or Quit shall also constitute the notice required by this subparagraph. 15:.1.3 Failure to Perform other Obligations. The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Lessee, other than described in paragraph 15.1.2 above, where such failure shall continue for a period of 30 days after written notice hereof from Lessor to Lessee; provided, however, that if the nature of Lessee's default is such that more than 30 days are grndlse1.wp July 21, 1993 Ground Lease to Civic Center Barrio Page 12 9~? reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commenced such cure within said 30-day period and thereafter diligently prosecutes such cure to completion. 15:.1.4 Insolvency. 15:.1.4.1: The making by Lessee of any general arrangement or assignment for the benefit of creditors; 15:.1.4.2: Lessee becomes a "debtor" as defined in 11 U.S.C. Sec. 101 or any successor statute thereto (unless, in the case of petition filed against Lessee, the same is dismissed within 60 days); 15:.1.4.3: the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within 30 days; or 15:.1.4.4: the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within 30 days. Provided, however, in the event that any provision of this paragraph 15.1.4 is contrary to any applicable law, such provision shall be of no force or effect. 15:.1.5 The discovery by Lessor that any financial statement given to Lessor by Lessee, any assignee of Lessee, any subtenant of Lessee, any successor in interest of Lessee or any guarantor of Lessee's obligation hereunder, and any of them, was materially false. 15: . 2 Remedies. In the event of any such material default or breach by Lessee, Lessor may at any time thereafter, with or without notice or demand and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default or breach: 15:.2.1 Terminate Lease. Terminate Lessee's right to possession of the Premises by any lawful means, in grndlse1.wp July 21, 1993 Ground Lease to Civic Center Barrio Page 13 9'IY which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In such event Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided; that portion of the leasing commission paid by the Lessor pursuant to the Paragraph of this Lease entitled: "Broker's Fee" applicable to the unexpired term of this Lease. 15:.2.2 Keep Lease in Effect. Maintain Lessee's right to possession in which case this Lease shall continue in effect whether or not Lessee shall have abandoned the Premises. In such event Lessor shall be entitled to enforce all of Lessor's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. 15:.2.3 Other Remedies. Pursue any other remedy now or hereafter available to Lessor under the laws or judicial decisions of the state wherein the Premises are located. Unpaid installments of rent and other unpaid monetary obligations of Lessee under the terms of this Lease shall bear interest from the date due at the maximum rate then allowable bylaw. 15:.3 Default by Lessor. Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such 3D-day period and thereafter diligently prosecutes the same to completion. grndlse1.wp July 21, 1993 Ground Lease to civic Center Barrio Page 14 9 -- )1 15:.4 Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 6% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a wavier of Lessee's default with respect to such overdue amount, not prevent Lessor from exercising any of the other rights and remedies granted hereunder. 16: Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. 17: Broker's Fee. 17:.1 Each party represents and warrants to the other parties that no brokers, finders, or other agents have been engaged or retained by them in connection with this transaction, and that no brokerage fee, finder's fee, or other commission is or may be due as a result of the parties entering into this lease agreement. 18: Estoppel Certificate. 18:.1 Lessee shall at any time upon not less than ten (10) days prior written notice from Lessor execute, acknowledge and deliver to Lessor a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to Lessee's knowledge, any grndlse1.wp July 21, 1993 Ground Lease to civic Center Barrio Page 15 9....2~ uncured defaults on the part of Lessor hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. 18:.2 At Lessor's option, Lessee's failure to deliver such statement within such time shall be a material breach of this Lease or shall be conclusive upon Lessee (i) that this Lease is in full force and effect, without modification except as may be represented by Lessor, (ii) that there are no uncured defaults in Lessor's performance, and (iii) that not more than one month's rent has been paid in advance or such failure may be considered by Lessor as a default by Lessee under this Lease. 19: Severability. The invalidity of any provisions of this Lease as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 20: Interest on Past-due Obligations. Except as expressly herein provided, any amount due to Lessor not paid when due shall bear interest at the maximum rate then allowable by law from the date due. Payment of such interest shall not excuse or cure any default by Lessee under this Lease, provided, however, that interest shall not be payable on late charges incurred by Lessee nor on any amounts upon which late charges are paid by Lessee. 21: Time of Essence. Time is of the essence. 22: Additional Rent. Any obligations to pay money of Lessee to Lessor under the terms of this Lease shall be deemed to be rent. 23: Incorporation of Prior Agreements; Amendments. This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of the modification. Except as otherwise stated in this Lease, Lessee hereby acknowledges that neither the Lessor nor any employees or agents of any of said persons has made any oral grndlse1.wp July 21, 1993 Ground Lease to civic Center Barrio Page 16 9 -.2/ or written warranties or representations to Lessee relative to the condition or use by Lessee of said Premises and Lessee acknowledges that Lessee assumes all responsibility regarding the Occupational Safety Health Act, the legal use and adaptability of the Premises and the compliance thereof with all applicable laws and regulations in effect during the term of this Lease except as otherwise specifically stated in this Lease. 24: Notices. Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified mail, and if given personally or by mail, shall be deemed sufficiently given if addressed to Lessee or to Lessor at the address noted below the signature of the respective parties, as the case may be. Either party may by notice to the other specify a different address for notice purposes. A copy of all notices required or permitted to be given to Lessor hereunder shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter designate by notice to Lessee. 25: Waivers. No waiver by Lessor or any provision hereof shall be deemed a waiver of any other provision hereof or of any other provision hereof or of any subsequent breach by Lessee of the same or any other provision. Lessor's consent to, or approval of, any act shall not be deemed to render unnecessary the Obtaining of Lessor's consent to or approval of any subsequent act by Lessee. The acceptance of rent hereunder by Lessor shall not be a waiver of any preceding breach by Lessee of any provision hereof, other than the failure of Lessee to pay the particular rent so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. 26: Recording. Either Lessor or Lessee shall, upon request of the other, execute, acknowledge and deliver to the other a "short form" memorandum of this Lease for recording purposes. 27: Holding Over. If Lessee, with Lessor's consent, remains in possession of the Premises or any part thereof after the expiration of the term hereof, such occupancy shall be a tenancy from grndlsel.wp July 21, 1993 Ground Lease to Civic Center Barrio Page 17 9-.2)" month to month upon all the provisions of this Lease pertaining to the obligations of Lessee, but all options, rights of first refusal, and any obligation of Lessor to transfer title to Lessee, if any, granted under the terms of this Lease shall be deemed terminated and be of no further effect during said month to month tenancy. 28: Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 29: Covenants and Conditions. Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition, unless the context otherwise specifically provides. 30: Binding Effect; Choice of Law. Subject to any provisions hereof restricting assignment or sUbletting by Lessee, this Lease shall bind the parties, their personal representatives, successors and assigns. This Lease shall be governed by the laws of the State of California. 31: Subordination. 31:.1 This Lease, at Lessor's option, shall be subordinate to any prior lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. 31:.2 Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this subparagraph. grndlse1.wp July 21, 1993 Ground Lease to civic Center Barrio Page 18 9~J 32: Attorney's Fees. If either party or the broker named herein brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to his reasonable attorney's fees to be paid by the losing party as fixed by the court. The provisions of this paragraph shall inure to the benefit of the broker named herein who seeks to enforce a right hereunder. 33: Lessor's Access. Lessor and Lessor's agents shall have the right to enter the Premises at reasonable times for the purpose of inspecting the same, showing the same to prospective purchasers, Lenders, or Lessee, and making such alterations, repairs, improvements or additions to the Premises as Lessor may deem necessary or desirable. Lessor may place on or about the Premises any ordinary "For Sale" signs of "For Lease" signs at any time during the last 120 days of the term hereof, all without rebate of rent or liability to Lessee. 34: signs. Lessee shall not place any sign upon the Premises without Lessor's prior written consent except that Lessee shall have the right, without the prior permission of Lessor to place ordinary and usual for rent or sublet signs thereon. 35: Merger. The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, or a termination by Lessor, shall not work a merger, and shall, at the opinion of Lessor, terminate all or any existing subtenancies or may, at the option of Lessor, operate as an assignment to Lessor of any or all of such subtenancies. 36: Security Measures. Lessee hereby acknowledges that the rental payable to Lessor hereunder does not include the cost of guard service or other security measures, and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of Lessee, its agents and invitees from acts of third parties. grndlse1.wp July 21, 1993 Ground Lease to civic Center Barrio Page 19 9 ' :J. '-I 37: Easements. Lessor reserves to itself the right, from time to time, to grant such easements, rights and dedications that Lessor deems necessary or desirable, and to cause the recordation of Parcel Maps and restrictions, so long as such easements, rights, dedications, Maps and restrictions do not unreasonably interfere with the use of the Premises by Lessee. Lessee shall sign any of the aforementioned documents upon request of Lessor and failure to do so shall constitute a material breach of this Lease. 38: Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one party to the other under the provisions hereof, the party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment, and there shall survive the right on the part of said party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said party to pay such sum or any part thereof, said party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease. 39: Authority. If Lessee is a corporation, trust, or general or limited partnership, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said entity. If Lessee is a corporation, trust or partnership, Lessee shall, within thirty (30) days after execution of this Lease, deliver to Lessor evidence of such authority satisfactory to Lessor. 40: Conflict. Any conflict between the printed provisions of this Lease and the typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions. 41: Addendum. Attached hereto is an addendum or addenda described as Exhibit A, which constitutes a part of this Lease. 42: Rule Against Perpetuities. grndlse1.wp July 21, 1993 Ground Lease to civic Center Barrio Page 20 CJ ,if In the event the original term of the lease shall not have commenced within five (5) years of the date. of the last signing of this Lease, unless previously terminated, this Lease shall be null and void. (End of Page. Next Page is signature Page) grndlsel.wp July 21, 1993 Ground Lease to civic Center Barrio Page 21 '1.., .2 ~ Si9natu~. ~a~e eo \ Lessor and Leseee have carefully reAd and r.Y~ewed this leaae and each ot term and provision containeO herein and, by execution of this lea.., show their Intor.ed and voluntary consent thereto. '1'he pard.OIl hereby agr.e that, At the tiNe this leas. is executed, ~e terms of this lease are Com=erolally reasonable and effeotuate the Inten~ and purpOSe ot LaB.or and Les~e. wi~h respeot to the pre~isv.. Dated: V;;1 ,t;{- , 1993 by: Barrio HOus1n'l (IILea5ee", herein) ,1\193 by: City of Chula Vista, California, a chartered munioipal corporation , 1993 by: '1'1111 Nader, MayOI:' Att&St I aeverly Authelet, City Clerk Approved as to torm: BrUce M. Booga.rd, City Attorney qrndlsel.wp JUly 21, 1993 G~ound ~.aae to Civ10 center Barrie P&ge 22 9-':17 PLAY AREAS PARK VILLAGE APTS. COMMUNITY BLDG. J I , I E-o ~ ~ p::. E-o C/) ~Cl p:: ~~ ~~. I ;....... ~-;':'. ;'- .;,. .' ',' :;' ..... ....: . '., .......-.: : ~ ""-' , ....:. .:..': I II' ~J) cp ([~ .. I J.. -- DRAWN BY: MBH DA TE: 3.17.93 . . . .... . · r .:~.-'-":-: ,-,-.~:: :.::.\(., (.. 1.:1 I j.. ,. L> . ': ::'l~. .... "" . ., BALLFIELD I I I I. . . I I~ . I . .. '1. ..... .: :jJ. .L: '.- .'~-,="---,,,:'. . ........".. ", ", - -:.... . -. . ". 8 NORTH NTS .. :......:..:.....- '. ...... . 0.,. '." ....... . : : ..................,:. PARKING AREA TITLE: . '. . .:.~ .. ..... : .~. . :.::; : .... . .", . ::..:; .....: . .~i . ...... . . ~. . .. PROPOSED LEASE . .. . -.. ., .'- . '. LAUDERBACH PARK Exhibit B Legal Description of Subject Property "Subject Property" herein refers to that real property situated in the city of Chula vista, County of San Diego, State of California, more particularly described as follows: That portion of the Westerly 290.00 feet of Lot 7 of Quarter section 142 of RANCHO DE LA NACION, in the County of San Diego, State of California, according to Map thereof No. 505, filed in the office of the County Recorder lying easterly of the existing sidewalk within the northerly 70 feet of the southerly 170 feet of the easterly 20.00 feet of said westerly 290.00 feet. grndlse1.wp July 21, 1993 Exhibit A to Ground Lease Page 24 fj,:J.' COUNCIL AGENDA STATEMENT Item I t1 Meeting Date 7/27/93 ITEM TITLE: A. Resolution J ? ~/),t Approving Supplemental Subdivision Improvement Agreement regarding Conditions 16, 20, 21, 22, and 23 and authorizing the Mayor to execute same Resolution I '7.a.tJJ Approving Final Map and Subdivision Improvement Agreement for Chula Vista Tract 92-03, Championship Classics I in Eastlake Greens SUBMITTED BY: Director of Public works.6! REVIEWED BY: City Manager JCt ~ a~n (4/5ths Vote: Yes_NoX) On May 9, 1992, by Resolution 16902, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 92-03, Championship Classics 1. The final map for said tentative map is now before Council for approval. 8. RECOMMENDATION: That Council adopt the resolutions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project is generally located on the southwesterly side of Greensgate Drive between Eastlake Parkway and North Greensview Drive in the EastLake Greens development and consists of 7 numbered lots containing 46 condominium units, 6 lettered lots (A-F) for private street purposes, one lettered lot (G) for private recreational purposes, and 2 lettered lots (H, I) for open space and other public purposes. The final map for Chula Vista Tract 92-03, Championship Classics I has been reviewed by the Public Works Department and found to be in substantial conformance with the approved tentative map. Approval of the final map constitutes acceptance on behalf of the public a portion Greensgate Drive; acceptance on behalf of the City of Chula Vista easements with the right of ingress and egress for the construction and maintenance of public sewer, general utility and access upon and across Lots A, B, C, D, and F, tree planting and maintenance within Lot H, a 10' general utility easement within Lot H; and rejection of the open space lots within the subdivision, all as shown on the final map. However, the City reserves the right to accept the open space lots in the future per Section 66477.2 of the Subdivision Map Act. I~--J Page 2, Item I P Meeting Date 7/27/93 The developer has provided bonds to guarantee construction of the required public improvements (CV drawings 93-120 through 93-125), paid all applicable fees, and has provided a bond to guarantee the monumentation for said subdivision. Conditions of Approval which will be met with approval of the Supplement Subdivision Improvement Agreement are: 1. Condition 16 which required the developer, as successor in interest to EastLake, to comply with the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement approved by Resolution 15449; 2. Condition 20 which required the developer to permit ail franchised cable television companies equal opportunity to place conduit and provide cable television service to each lot; 3. Condition 21 which required the developer to hold the City harmless for any claim or action against the City with regard to the approval of this subdivision; 4. Condition 22 which required the developer to authorize the City to withhold building permits for any unit(s) in the subject subdivision if Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached or if Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards; 5. Condition 23 which required the developer to not oppose formation of a zone within EastLake Maintenance District No.1 (or a new district) for the Telegraph Canyon Flood Control Channel; A plat is available for Council viewing. FISCAL IMPACT: Not applicable. File: EY-365 WPC F:\HOME\ENGINEER\LANDDEV\dassicl.hnc 072193 I~"J. / / ;/ 1;/ __- ~;~~ ~/"" / ~ VICINITY MAP / ~~~~SG>, NO SCALE j/ "?~~ / / O~~, ~ f.<J ~ "-~ ~/ ~. ~! / ~I q I G ~ I 6 A ~__~_ I I ~ I 7 I ~ @5 ZI \ 'TAY LAKES 10. IREENS6A TE DR. BITE --- CHULA YlSTA TRACT NO.92-DJ CHAMPIONSHIP CLAJlSICS 1 10:3 A T .A8TLA~. Q....NS RD.BraNBBlUNG CDdPANY .-0 ........ ....... S.DI_. Calif_I. IRIl0__ (010) .1-0707 ~O~CT NU~R 120~3 NO SCALE DATE 7-13-83 'I '-~ mE CITY OF CHVU PlSTA PARTY DISCLOSURB STATEMENT Statement of dise101U1'C of ~ QWI1enbip interests, payments, or campaign contributions, on all matters ~ which will requlre dlscretionaty action on the part of the City Council, Planning Couuniaalon, and aU other official bodies. The tonmWla information must be cliacloaed: 1. List the names of an peDODJ having a financial interest in the contract, I.e., contractor, subcontractor, materla1suDJ)lier. Cottage Development 'Company Chanco Development company 'l::lIst HighlanJ" " 4. 2. If any person identified pursuant to (1) above Is a corporation or partnership, list the names of an individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partriership. Mr. Kevin Lee Mr. David G. Gutierrez 3. If any person identified pursuant to (1) above ia non-profit organization or a trust, list the names of any penon' serving as dire!:tor of the non-profit orpnization or all trustee or beneficiary or truItOr of the trust. None s. Have you had more than $250 worth of bUlineu transacted with any member of the City staff, Boards, Commissions, Committees and Council wlthin the past twelve months? Ves_ No ~ If yes, please indicate person(s): Please identify each and every penon, including any agents, employees, consultants or Independent contractors who you have assigned to represent you before the City in this matter. . David G. Gutierrez Scott B. Redsun Roqer Bhatia 6. Have you and/or your offieers or agents, in the: aggregate. contributed more than $1,000 to " Councilmember in the current or preceding election period? Yes _ No ~ Ifye., state which Counellmember(I): fmw111 defllled u: ~..,. iluJW(dun~jimr, _pnl'/ttel'lh;,./Din/ omtUN, tmDCitllWn. .DCinl cJvb,fl'tJlBlllJI mranWNlolt, cmpot'tItion, tSI"'.. Inls4 ~hN, >ymIkln~ lIIis IIIld My Olhtr county. dty mtd COUJtJry, ciry, nwlliclpality, dJ,1riI:r or Dth.. pol/Hen/ mbdMs/tHI, or tlllY mhu group 01' COIIIbiMIItm nc/in, '" " Utr;/.. (NOTE: Alracb addltional pap as necessary) Dille: July 15, 1993 ,.... ~-~~ Signature of contractor p icant Maurce Yang Print or type name of contractor /,,-1 1,\.,1 :r,\:DISCLOSB. TX11 .' EY-J&~ RESOLUTION NO. 16902 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR CHAMPIONSHIP CLASSICS I, CHULA VISTA TRACT 92-03, MAKING THE NECESSARY FINDINGS, AND READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING PROGRAM WHEREAS, the property which is the subject ~tter of this resolution is identified and described on Chula Vista Tract 92-03, and is commonly known as CHAMPIONSHIP CLASSICS I ("Property"); and, .WHEREAS. the Parcel R-24/R-25 Limited Partnership filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Championship Classics I, Chula Vista Tract 92-03, with the Planning Department of the City of Chula Vista on June 23, 1992 ("Project"); and, WHEREAS, said application requested the approval for the subdivision of approximate ly 5.1 acres located at the southeast quadrant of EastLake Parkway and Greensview Drive into sixteen (16) lots consisting of seven (7) residential lots containin9 46 single family condominium dwellings, one (1) recreational lot, two (2) open space lots, and six (6) street/easement lots; and, WHEREAS, the development of the Property has been the subject matter of a General Plan Amendment, Pre-Zone, and General Development Plan ("GPA") previously approved by the City Counci1 on AU9ust 24, 19S2 by Resolution No. 10996 ("GPA Resolution") wherein the City Council, in the environmental evaluation of said GPA, relied in part on the EastLake Final Environmental Impact Report No. 81-03, SCH No. S0121007 ("Program EIR 81-03"), a program environmental impact report as same is defined in CEQA Guideline Section 1516S; and, WHEREAS, the development of the Property has been the subject matter of a General Development Plan II, Sectional Planning Area Plan and Tentative Subdivision Hap ("PCS-SS-03")("SPA Plan") previously approved by the Cit,Y Council on July IS, 19S9 by Resolution Nos. 15198-15200 ("SPA Plan Resolution") wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the "EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Tra il s Pre-Zone and Annexation Fi na 1 Supp 1 ementa 1 Envi ronmenta 1 llIlpact Report No. 86-04", SCH No. 86052S03 ("FSEIR 86-04"); and, WHEREAS, the development of the Property has been the subject matter of an EastLake II General Development Plan Amendment, and SPA Plan Amendment ("Density Transfer" PCH-92-03) previously approved by the City Council on May 19,1992 by Resolution Nos. 16628 and 16629 ("Density Transfer Resolution") wherein the City Council, in the environmental evaluation of said Density Transfer, relied in part on the Negative Declaration for IS-92-04, ("Neg. Dee,"); and, WHEREAS, this Project is a subsequent activity in the program of /tJ~5 Resolution No. 16902 Page 2 : i development environmentally evaluated under Program EIR 81-03, FSEIR 86-04 and Negathe Declaration that ;s virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations; and, WHEREAS, the City Environmental Review Coordinator has reviewed the proposed Tentative Map and determined that it is in substantial conformance with the GDP II, SPA Plan and Tentative Subdivision Map PCS-88-03 as ~dified by the Density Transfer, therefore no new environmental documents are necessary; and, WHEREAS, the Planning Commission held an advertised public hearing on said project on October 19, 1992, voted to recommend that the City Council approve the Tentative Map in accordance with the findings and conditions listed below and readopted the Statement of Overriding Considerations and the Mitigation Monitoring Program; and, WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication a newspaper of general circulation in the City and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., November 10, 1992, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW THEREFORE, THE CITY COUNCIL FINDS, DETERMINES AND RESOLVES AS FOLLOWS: SECTION 1. CEQA Finding re Previously Examined Effects. The City Council hereby finds that the Project, as a later activity to that evaluated in the Program EIR 81-03, FSEIR 86-04, and the Negative Declaration for IS-92-04 would have no new effects that were not exami ned in the precedi ng documents (Gui de 1i ne 15168 (c)(1)). SECTION 2. CEQA Finding re Project Within Scope of Prior Program EIR. The City Council hereby finds that (1) there wer~ no changes in the Project from the Program EIR,the FSEIR and the Neg. Dec. which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the project ;s undertaken since the previous reports; (3) and no new information of substantial importance to the project has become available since the issuance and approval of the prior reports; and that therefore, no new effects could occur and no new mitigation ~asures will be required in addition to those already in existence and currently made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR, FSEIR and the Neg. Dec., IIJ "I, Resolution No. 16902 Page 3 and therefore, no new environmental documents are required (Guideline 15168(c)(2)). SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives. The City Council does hereby adopt and incorporate herein as condi- tions for all approvals herein granted all .itigation ~asures and alternatives, if any, which it has detenlined, by the findings made in the GPA Resolution, the SPA Resolution, and the Density Transfer Resolution, to be feasible in the approval of the General Development Plan, the SPA Plan, and the Density Transfer respect ive 1 y . SECTION 4. Notice with Later Activities. The City Council does hereby give notice, to the extent required by law, that this Project .15 an activity within the scope of the program approved earlier in the GPA Resolution, the SPA Plan Resolution, and the Density Transfer Resolution, and the Program EIR, FSEIR, and the Neg. Dec. adequately describe the activity for the purposes of CEQA (Guideline 15168 (e)). SECTION 5. General Plan Findings--Conformance to the General Plan. Pursuant to Government Code Section 66473.5, in the Subdivision Map Act, finds that the tentative subdivision map as conditioned herein for CHAMPIONSHIP ClASSICS I, Chula Vista Tract No. 92-03, is in conformance with all the various elements of the City's General Plan, the EastLake Greens General Development Plan and Sectional Planning Area Plan based on the following: a. Land Use - Based on the provisions of the General Plan pertaining to the transfer (Section 6.2) and clustering (Section 6.3) of residential units within EastLake Greens, the SPA Plan, as amended pursuant to PCM-92-03, was deemed to be consistent with the General Plan. Said amendments allowed for a yield of 10 dwelling units per acre on the project site. However, when computed for the whole of EastLake Greens, the density ~ets General Plan requirements of low-~dium density (3-6 du/ac) per General Plan requirements. b. Circulation - The project has a circular private street system. These streets ~et minimum City requirements for such streets. The project will not adversely effect the Circulation Element in that the adjoining street system was designed to handle the anticipated flow of traffic resulting from this and other area projects. /d"'') Resolution No. 16902 Page 4 .. c. Housing - The type of housing being proposed is detached single- family condominiums. This project meets the goals, objectives and policies of the Housing Element in that Goals 1 and 4, Objectives 1 and 3 and Policies 2, 6, 7 and 8 are implemented by this project. d. Conservation - The adoption of EIR-81-03, EIR-86-04 and the Negative Declaration for IS-92-04 satisfy the goals and policies of the Conservation Element of the General Plan in that mitigation measures listed in the forgoing documents are applicable to this project. e. Park and Recreation, Open Space - The recreational lot in this project meets the mini park criteria of Section 4.4 of t~e Parks and Recreation Element and therefore implements this General Plan Element. f. Seismic Safety - There are no known active faults within the vicinity. The closest potentially active fault is located approximately two miles to the west of the site. g. Safety - The project meets the threshold standards of the Growth Management Plan. A temporary fire station will be constructed at the northeast corner of Otay Lakes (Telegraph Canyon) Road and Lane Avenue at a distance of approximately three-quarters of a mile. h. Noise - A noise attenuation wall is required along the all street boundaries of the open space lot separating the residential buildings from the EastLake Parkway corridor, North Greensview Drive and Greensgate Drive. This wall must meet minimum City standards for noise attenuation. i. Scenic Highway - Eastlake Parkway is designated a Scenic Highway in Section 8.1 of the Land Use Element. An enhanced landscape plan showing treatment appropriate for such a highway is required as part of the conditions of approval. In addition, the project meets the requirements of Section 8.2 of the Housing Element pertaining to implementation design review of projects adjacent to scenic highways. (The design review of this project was accomplished under DRC-93-01.) j. Bicycle Routes - When the street system in EastLake Greens was originally constructed, Eastlake Parkway had bicycle lanes included and thus met the requirements of the Circulation Element pertaining to the bicycle plan. k. Public Buildings - No public buildings are proposed on the site. The project is required to pay RCT fees prior to the issuance of building permits. 111-8 Resolution No. 16902 Page 5 SECTION 6. Subdivision Map Act Findings. a. Balance of Housing ,Needs and Public Service Needs. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. b. Opportunities for Natural Heating and Cooling Incorporated. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. ' c. Finding re Suitability for Residential Development. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. SECTION 7. Conditional Approval of Tentative Subdivision Map. The City Council does hereby approve, subject to the following conditions, the tentative subdivision lnap for CHAMPIONSHIP CLASSICS I, Chula Vista Tract 92-03. Unless otherwise specified, all Conditions and Code Requirements shall be fully completed to the City's satisfaction prior to the approval of the First Final Map. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. The Developer shall: General/Preliminarv. ./'11 ,,!"~~ ..Jc~ 0"'-- 1<. 1. 1='''''- pi 11,"'.11 'l ::,<..<I'{ 13} /9CfS Satisfy all mitigation measures required before Final Map approval by Final Supplemental Environmental Impact Report for EastLake Greens (FSEIR) 86-04 and Neg. Dec. for IS-92-04, which mitigation measures are hereby incorporated into this Resolution by reference. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning. -Mitigation measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the FSEIR and Neg. Dee.. Modification of the sequence of .itigation shall be at the discretion of the Director of Planning should changes in circumstances warrant such revision. I~'~ Resolution No. 16902 Page 6 L_,' ~d 2 ;.)<'='"" . -i4 ~ . pa, \'~ (if. ILj3 -Su.ly 1<>, ,q Unless otherwise conditioned, cOlllply with, reNin in compliance with, and implement, the terms, conditions and provisions of the EastLake II General Development Plan, EastLake Greens Sectional Planning Area Plan, EastLake Greens Planned Community District Regulations, the EastLake Development Agreement, the Water Conservation Plan and Air Quality Improvement Plan for EastLake Greens, the Regional Air Quality Plan, Design Guidelines and the Public Facilities Financing Plan approved by the Council ("Plans") as are applicable to the property which is the subject lIlatter of this Tentative Map, prior to approval of the Final Map, or shall have entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require, assuring that, after approval of the Final Map, the developer shall continue to comply with, remain in compliance with, and implement such Plans. Developer shall agree to waive any claim that the adoption of a final Water Conservation Plan or Air Quality Improvement Plan constitutes an improper subsequent imposition of the condition. I' , 3. Pay fees app li cab 1 e to the project, in accordance wi th the 110 ~Q~ City Code and Council Policy, including but not limited to: PO-,a.. oJ: ~ <",","a. The Public Facilities Development Impact Fees 6JVla..yt"-~ o. "- ) .6LA,ld;~~ b. p.ii'<::rt\' t. I. II A\,I;>~OV".e J. 4. \; Q \M'\'~~ "'J (00 f~)~:<2~ . /}//4/1:!J The Eastern Chula Vista Transportation Development Impact Fees (DIF). A portion of the Transportation DIF is funded 'through Assessment District 90-3. The balance due to increased density is payable. c. Signal Participation Fees d. All applicable sewer fees, including but not limited to sewer connection fees. Pay the amount of said fees in effect at the time of issuance of building permits. The developer is advised that fees periodically change, and that it is the developer's responsibility to contact the appropriate City department or government agency to ascertain the amount of a given fee due at the time of collection. CC IR's. File with the City of Chula Vista a copy of the Declaration of Covenants, Conditions and Restrictions (CCIR's) applicable to the subject property. The CCIR's shall include, among others, provisions for the: a. Formation of a home owner's association (HOA). It) "If) Resolution No. 16902 Page 7 b. HOA responsibilities to uintain 411 private driveways, common areas and drainage systems. c. Prohibition of television antennas, garage parking outside of designated areas, recreational vehicles and boat trailers. conversions, parking of d. Inclusion of the City of Chula Vista named as a party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. DDen SDace. '6O-b,~ <;c; eel b'-( ~Q!'\D\I~\ nO 16<.- [lc<!.Q~"- fulC~ 5. Construct a noise attenuation wall along the length of the /~ - ::), elc, v15 1l- projects' frontage with Eastlake Parkway, North Greensview ,.,-,Ij<l_' Lv Drive and Greensgate Drive, as required per EIR-86-04. Said noise attenuation wall shall be located within the open space lot. The design and location of said noise attenuation wall is subject to review and approval of the Director of Planning. Include any open space lot in the EastLake II Community Association maintenance responsibility area. 60 L 5 :i:' , eel ,1')'1 l-ebb..,,,, - 6 _ ~o { -eCl . .\' ,'0>" L o..si!. ct /:: "''I <>' T I jC / --' _,Vi 'f I Dzcl, \ ('cdo -",J ",' 7. Ft~'AL- t-(/H' WIU- BE" '6. JtTI5Flt?D 8. AT '55',V+NC5 6'F ,: " D "I~ PeRMIT ,- (JuIL 'N~ -:<: ." JlI ...-~.>u\o~ - <.c..<-<r.............. . ;:~'v('r ,- '. Con'Cf5LICh, "f' oS I",~~cv""..,.g.~ _L h -- ahQ.....5~' I ",-"II nD'- "L ~ J DlA P""5'(\j Vl,,-" ~~I:c);eJ993 fJl ~ \GL<'A' "3 ' I Make an offer of dedication space lots for potential Maintenance District No.1. in fee to the City of all open incorporation into EastLake Submit plans showing the design and loco ~ion of a project identification sign to the Director of Planning for review and approval. The identification sign shall contain the name of the complex and a location map, shall be internally lit and not exceed the maximum dimensions as authorized in Chapter 19.60 of the Municipal Code. The sign shall be placed prominently at the entrance. The design and materials shall be complementary to and compatible with the approved architectural design of the project. Submit a phasing plan to the Planning Department prior to ~irst final map approval. Said phasing plan is subject to approval by the City Engineer and the Director of Planning. The phasing plan shall consist of: a. A site plan showing on it the lot lines and numbers, the phase lines and numbers. number of dwelling units in each phase. number of covered and open parking spaces in each phase. and public and private i~rovelents to be installed for each phase. The site plan for each phase shall show parking and other illlprovements in sufficient numbers to serve that phase. The recreation lot shall be included in and constructed with the first phase. ItJ --JJ Resolution No. 16902 Page 8 ~UbM:t:bd (10. el. eLp?~O V"'" ~ci-t f.lJu, Id; "5 f'1 aJ\S Streets. 6I'lb,s~; ec:\ !!hf J'Wp"o va. \ o+' I pa.OIl-e"'" <,,,d:. K 'PI<<-"S 11. 6a~.5-+'; e,,\ 12. l? a.rf\'"O,^,,-1 cA J.-'~.,'\ else Q p.e- ~VlcI 1 JVI P \6 y' ^"" ""'pJ'a. rP ;$a1o ; :;~i <ed b:1 13. CLP'?\"",I)ll<o..l c.v I mP'lov-l!.WI......i: -pkMS b. A table showing the phase number, the lots included in the phase, the number of units in each phase, the number of open and covered parking spaces in each phase, the cumulative parking and the required parking for each phase. Submit a comprehensive landscape plan for review and approval of the City Landscape Architect prior to approval of the first Final Map. Submit comprehensive, detailed landscape and irrigation plans, erosion control plans and detailed water ..nagement guidelines for all landscape irrigation in accordance with the Chula Vista Landscape Manual for the associated landscaping in each Final Map. The landscaping format within the ~roject shall be in substantial conformance with Section 6.4 (General Landscape Concept) of the EastLake Greens SPA. OJ Design and construct all streets to meet the City standards for private streets, or as approved by the City Engineer. Submit improvement plans for prior approval by the City Engineer detailing the horizontal and vertical alignment of the center line of said streets. Install decorative concrete paving, signing or other improvements required by the City Engineer to identify the boundary between the public and private roadway at the entrance to the proposed development on South Greensview Dri ve. Decorati ve pavi ng shall be located enti rely withi n private property. Design and construct an entrance to the proposed development which is a minimum 73 ft. wide, curb-to-curb, to the satisfaction of the City Engineer. Water and Sewers. ~i5~i e.d b'l 14 ,'\J)"'>OV'(l..\ 0;2 . Guarantee and construct public sewers as shown on the (Tn Ii -1-1"""" tentative map. I KP~ 5"' 4--56~ OS PI-J4-)-.:> ~ 15 6-f:~ MM' . DI}) '8 to 6fPnSi=/FD 8'116. ~ p,q.IO o~.3 Sl/lfy 9/19 ~ /hl~ I==tl"i) ~ 17. f}-\ll'gov A-i- ~T t /-1P f-D1I0rpJ..,J4-1::>5 Grant on the final map access and ~intenance easements for all sewer facilities. As successor in interest to EastLake, comply with the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement approved by Resolution 15449, and pay applicable basin fees as ~y be adopted by City Council as provided in said agreement. Loop the water system out of the project site to EastLake Parkway or Greens9ate Orive as required by the Otay Water J f) ;/ ).. Resolution No. 16902 Page 9 District in their letter of August 13, 1992, or as otherwise directed by Dtay Water District. Gradina and Drainaae. /-)~b-; 5\;'; e,_~ b~ af'f'\'OJ<>-\ "D\' &RA{ll Nb- PLfW -: . 1~.: Submit an erosion and sedimentation control plan as part of 6-f.fi-O, 1'0& PGlh'ul 1.J~'-dJ.tvCC any grading plans. Aareements. Enter into (a) supplemental subdivision agreement(s) to: 5';TIS 'Fief:' e'J FXI:-Ci.-<}I010 . r:' SC-{FP,-~~-rv~l- 19. I). f16--r:~I'4 5'",-,., Hold the City harmless from any liability for ~rosion, siltation, or increased flow of drainage resulting from this project. II 20. Permit all franchised cable television companies ("Cable Company") equal opportunity to place conduit and provide cable television service to each lot within the subdivision. However, developer shall restrict access to the conduit to only those franchised cable television companies who are and remain in compliance with all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 21. Defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or pr~ceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision; on the condition that the City promptly notify the subdivider of any claim, action or proceeding; and on the further condition that the City fully cooperates in the defense. II II 22. Authorize the City to withhold building permits for any unites) in the subject subdivision if anyone of the following occur: a. Regional development threshold li.its set by the East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards. \ I 23. Not oppose formation of a zone within EastLake Maintenance District No. 1 (or a new district) for the Telegraph Canyon Flood Control Channel. /d'IJ Resolution No. 16902 Page 10 f'ol'.\-i J1f\lRcvf1)24. f3y JtS5ES5t-<~T 2\-l{,.-ltJ~ !.' Prepare a disclosure fonn to be signed by the home buyer acknowledging that additional fees have been paid into the Assessment District or the Transportation DIF Funds, and that these additional fees are reflected in the purchase price of the home. The fonn shall be approved by the City Engineer. Miscellaneous. Pay additional fees on a fair-share basis into the Assessment District Numbers 85-2 and 90-3 Funds due to the additional units approved subsequent to District formation. . Pay all costs associated with reapportionment of assessments for Assessment District Numbers 85-2 and 90-3 as a result of subdivision of lands within the project boundary. Request reapportionment and provide a deposit to the City estimated at $40/unit/district to cover costs prior to approval of a final map for any unit. Tie the boundary of the subdivision to the California Coordinate System - Zone VI (NAD 1983) or as detennined by the City Engineer. Comply with all relevant Federal, State and local regulations, including the Clean Water Act the National Pollutant Discharge El imi nati on System (NPDES) . The developer shall be responsible for providing documentation to demonstrate said compliance as required by the City Engineer. Provide the City with the Final Map in a digital fonnat such as (DXF) graphic file. This Computer Aided Design (CAD) copy of the Fi na 1 Map shall be based on accurate coordi nate geometry calculations and shall be submitted in duplicate on 5-1/2" HD floppy disk prior to Final Map approval. Citv Code Reauirements. FtE5 \lQJ O~~llq[qJ.> F~e5 w~~ 6~ 1/PJlq3 25. 26. i4-I':;~IE?~ oW27 F/t->.4L. 14M . SlfT6'i=Il?D f!Jy 28. MN.bv(fL o~ b- RA-~l~ PL-A f--)S -4 "L./lNS IHP(?cxi?f""~'r , €ecE',ved 29. O~ -:r/WIQ3 6"ffl-6vi?J. tZt("""'!- .' 30. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. I' 50.:1. ' ~,~; "de (l€~ 31. I F-e-<>- \lo...\ cI 32. 00 7/1&/15 Underground all utilities witMn the subdivision in accordance with Municipal Code requirements. Pay the Telegraph Canyon Drainage Basin Development Impact Fee prior to approval of the final map. Currently the amount is $20,108 (5.127 gross acres x $3,922/AC) but is subject to change based on the fee schedule effective at the time of payment. IO'IY TD BE 6#T16 j:c/E.D Th \2Lx.A ij (3v, I L{') i ~Is- Pf;~MIT PC6C85S I I ~ '<:-., 7ri' L ':-;....:l.7cJ , ,,-, I 6 <<. y~,--_-:t: , J Resolution No. 16902 Page 11 Provide some lots with residential fire sprinkler systems due to access requirements as determined by the Fire Marshal. Comply with California Code of Regulations, Title 24 and any other energy conservation ordinances and policies in effect at the time construction occurs on the property. failing any of which conditions, or failing the continued maintenance of same as the condition ..y require, this conditional approval and any entitlement accruing hereunder, shall, following a public hearing by the City Council at which the Applicant or his successor in interest is given notice and the opportunity to appear and be heard with regard thereto, be terminated or modified by the Ci ty Counc il . 33. 34. SECTION 8. CEQA Findings. The City Council hereby finds that the Project, as a later activity to that evaluated in the Program EIR 81-03, FSEIR 86-04, and the Negative Declaration for IS-92-04 would have no new effects that were not examined in the preceding documents (Guideline 15168 (c)(I)). a. Re-adoption of Findings - The Council does hereby re-approve, accept as its own, and re-incorporate as if set forth full herein, and make each and everyone of the CEQA Findings as found in the Program EIR 81-03, FSEIR 86-04, and the Negative Declaration for IS-92-04. b. Feasibility of Alternatives - As is also noted in the environmental documents referenced in the immediately preceding paragraph, alternatives to the Project which were identified as potentially feasible are hereby found not to be feasible. c. Adoption of Mitigation Monitoring Program - As required by the Public Resources Code Section 21081.6, City Council hereby re- adopts the Mitigation Monitoring and Reporting Program ("Program") incorporated herein by reference as if set forth in full. The City Council finds that the Program is designed to ensure that during the project implementation and operation, the Applicant and other responsible parties illplement the project components and comply with the feasible .itigation lleasures identified in the Findings and in the Program. d. Statement of Overriding Considerations - Even after the re- adoption of all feasible lIitigation lleasures, certain significant or potentially significant environmental affects caused by the project or cumulatively will remain. Therefore, the City Council of the City of Chula Vista re-issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations /~.,/.s- Resolution No. 16902 Page 12 identifying the specific economic, social, and other considerations that render the unavoidable significant adverse envi ronmenta 1 effects sti 11 si gni fi cant but acceptabl e. SECTION 9. Notice of Determination. City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. Presented by $//# R:- Ap" · "ir" Bruce M. Boogaard City Attorney Robert A. Leiter Director of Planning 111 ., I" Resolution No. 16902 Page 13 PASSED, APPROVED and ADOPTED by the City Cauncil af the City af Chula Vista, Califarnia, this 24th day af Navember, 1992, by the fallawing vate: YES: Councilllembers: Hortan, Malcalm, Maare NOES: Caunci 1Il1embers: Nader ABSENT: Cauncilmembers: Rindane ABSTAIN: Cauncil~mbers: Nane dJ~~~ David L. Malcalm Mayar, Pra-Tempore ATTEST: .1 r /: \. ,/ . ; -,^-I " ,_ .; Beverly fj.. / .' / .-./.. I.' , I I I . I. \ J :' I'.}' . Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk af the City af Chula Vista, California, do hereby certify that the foregaing Resolutian No.. 16902 was duly passed, approved, and adopted by the City Council held an the 24th day af November, 1992. ss. Executed this 24th day of November, 1992. /d'l? RESOLUTION NO. J7~1)~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REGARDING CONDITIONS 16, 20, 21, 22 AND 23 AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, on May 9, 1992, by Resolution 16902, the city Council approved the Tentative Subdivision Map for Chula vista Tract 92-03, Championship Classics I; and WHEREAS, Conditions of Approval which will be met with approval of the Supplement Subdivision Improvement Agreement are: 1. Condition 16 which required the successor in interest to EastLake, the Telegraph Canyon Basin Sewer Gravity Basin Usage Agreement Resolution 15449; developer, as to comply with Monitoring and approved by 2. Condition 20 which required the developer to permit all franchised cable television companies equal opportunity to place conduit and provide cable television service to each lot; 3 . Condition 21 which required the the city harmless for any claim the city with regard to the subdivision; developer to hold or action against approval of this 4. Condition 22 which required the developer to authorize the city to withhold building permits for any unit(s) in the subject subdivision if Regional development threshold limits set by the East Chula vista Transportation Phasing Plan have been reached or if Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards; 5. Condi tion 23 which required the developer to not oppose formation of a zone within EastLake Maintenance District No. 1 (or a new district) for the Telegraph canyon Flood Control Channel. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreement regarding Conditions 16, 20, 21, 22, a copy of which is on file in the office of the City Clerk. IdA -/ BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. Presented by John P. Lippitt, Director of Public Works F:\home\attomey\Classic.SSI ApproJed " Bruce M. Attorney I~A'~ as to It o m by Jl ity RESOLUTION NO. /?rlItIJ3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 92-03, CHAMPIONSHIP CLASSICS I, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, REJECTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 92-03 CHAMPIONSHIP CLASSICS I, and more particularly described as follows: Being a subdivision of a portion of Lot 4 of Chula vista Tract 88-3, EastLake Green s, Phase I BIC, in the city of Chula Vista, County of San Diego, State of California, according to Map thereof No. 12545, filed in the office of the County Recorder of San Diego, January 26, 1990. Area: 5.127 acres Numbered Lots: 7 No. of Lots: 16 Lettered Lots: 9 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that Lots H and I are hereby dedicated for Open Space, public utilities and other public Uses. BE IT FURTHER RESOLVED said Council hereby accepts on behalf of the city of Chula vista the easements with the right of ingress and egress for visibility and street tree planting and maintenance, a general utility easement along Lot H and general access easements within Lots A, B, C, D, E and F, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the city of Chula vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said lots are dedicated for Open space and other public uses, and that those certain easements with the right of ingress and egress for the construction 1 /~8-1 and maintenance of street tree planting, general utility and general access, as granted thereon and shown on said map within said subdivision is accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the city Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the day of , 1993, for the completion of improvements in said sUbdivision, a copy of which is on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the city of Chul vista. APP7ed aSlo !cJ~ 111, t Bruce M. Booga Attorney V1.-A-<.. ity Presented by John P. Lippitt, Director of of Public Works F:\home\attomey\c1assics.sia 2 111 g...,J.. COUNCIL AGENDA STATEMENT Item 1/ Meeting Date 7/27/93 ITEM TITLE: Report: Work Program and authorization for a School Impact Mitigation Study in conjunction with the Chula Vista Elementary School District, Sweetwater Union High School District and Source Point (continued from the meeting of July 20, 1993) -_ - I SUBMITTED BY: Director of Planning 2j l REVIEWED BY: City Manager J ~ ~O ti-frJ (4/5ths Vote: yes_Nol) RECOMMENDATION: That the item be continued for approximately four weeks. BOARDS/COMMISSIONS RECOMMENDATION: The matter of school overcrowding and the impact of growth on the need for school facilities, along with the proposal for a joint Schools Impact Mitigation Study, was recently presented to the Growth Management Oversight Commission (GMOC). The GMOC's 1992 Annual Report subsequently contains a recommendation that Council support the study effort. DISCUSSION: It has come to staff's attention that review of the proposed work program by the Chula Vista Elementary School District has raised questions which may require revisions to the work program. The requested continuance will allow City and District staff to meet with Source Point to further discuss City and District perspectives on the proposal, and to make necessary and mutually acceptable revisions. Staff will return the item when these matters have been resolved. (schmitc.a13) //.../ COUNCn.. AGENDA STATEMENT )"2- Meeting Date Jul 0 1993 7/"2-'" /~ '!, ITEM TITLE: Report: atay Corporate Center North Project SUBMlTIED BY, D"""" of p""",", ~ REVIEWED BY: City Manager J~ ~ ~ (4/5ths vote: Yes_No.x. On March 23, 1993, the City Council authorized staff to transmit a letter to the San Diego City Council stating the City of Chula Vista's concerns regarding a proposed development project in Otay Mesa known as "Otay Corporate Center North." Based on this direction, the attached letter from the City Manager, dated June 28, 1993, was forwarded to the City Council. On June 29, 1993, the San Diego City Council approved a four week continuance for this project until July 27, 1993. The following report provides a summary of the current status of this project. RECOMMENDATION: That Council accept this report. BOARDS AND COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: The Otay Corporate Center North project is a Vesting Tentative Map to subdivide a 178.9-acre parcel into 77 lots averaging one to two acres in size for subsequent industrial development and open space uses. The discretionary actions for this project involve General Plan and Community Plan Amendments, rezone, vesting tentative map, and other permits for future development of a vacant site, located north of Otay Mesa Road, along the eastern portion of Dennery Canyon and approximately 1,360 feet west of Brown Field. Because the site is currently designated for residential use in the Otay Mesa Community Plan, the applicant will also be required to annex the site to the Otay Mesa Development District as an industrial subdistrict. The site is owned by Pardee Construction Company. The City of Chula Vista's active interest and involvement in this project dates back to December 1991, when the City initially responded to the draft EIR by submitting comments. Since that time, the City has met with staff from the City of San Diego to discuss the responses to our initial comments, and has submitted comments to the fmal EIR and provided public testimony in opposition to the project to both the San Diego Subdivision Review Board and Planning Commission. Based on the inadequacy of the responses to our initial comments, which were prepared as a part of the fmal EIR, and the City's general lack of response to issues which we J7-L .--. I l2= \ Page 2, Item Meeting Date ul 1993 12- i/l-'/'13. believe still exist, our staff remains unsatisfied with the level of analysis given to this project and the lack of sufficient documentation to support the responses to our comments. As detailed in our June 28 letter, staff remains concerned over the potential for unmitigated cumulative and regional impacts resulting from 1) the lack of an adopted Transportation Phasing Plan for western Otay Mesa, 2) the adequacy of the transportation analysis conducted for this project, 3) the age, adequacy and reliance upon the Otay Mesa Community Plan and supporting EIR (adopted in 1981) as reference documents for ongoing project review and discretionary action, and 4) the amount of land devoted to industrial uses on the Otay Mesa. As noted earlier, the San Diego City Council voted on June 29 to continue this matter for four weeks. The reason for this continuance was to allow potential safety impacts of the proposed Transborder Airport on this project to be evaluated. As background, on May 25, 1993, with the adoption of Resolution No. 2820463, the Council stated its intention not to grant any rezones for residential or other uses within the entire Otay Mesa community planning area for a six month period, because of potential land use compatibility impacts resulting from possible runway alignments for the proposed Transborder Airport. While the Resolution allows for rezoning for airport compatible uses, such as commercial and industrial, it has recently been determined that as much as one-half of the l78-acre site proposed for the Otay Corporate Center North project may be impacted, as it is located within the new alignment's suggested airport safety "clear zone" (see attached exhibit). State and federal guidelines recommend that a 2,500 foot clear zone, an area free of any structural development, be maintained at both ends the runways. The applicant, in an attempt to prevent a six month processing delay, proposed a four week continuance of the project to allow the time necessary for an independent airport consultant to conduct a precise runway alignment study for the purpose of determining the extent and significance of said impact, as well as to evaluate the potential for partial development of the property in areas not impacted by the clear zone. Thus, the City Council, acting in accordance with the applicant's request, unanimously approved the four week continuance. The San Diego City Council will be meeting on July 27, 1993, to discuss both the fmdings of the runway alignment study for this project, and to take action on the approval, denial or further continuance of this project. It is our staffs intention to continue with the same course of action and to provide public testimony regarding the project. Again, we will request that all discretionary actions regarding the project and EIR be postponed until these issues are adequately addressed. In addition, our letter which has been previously submitted to Council, suggests specific actions that their Planning Department take to ameliorate these concerns, and requests their consideration of these actions at this hearing. It should be noted that our staff does not intend to comment at this time regarding the safety issues of this project related to the Transborder Airport, unless Council sees the need and specifically directs staff to do so. From the onset of this project, our primary objective has been to ensUre that impacts, whether from existing, planned or future growth on the Otay Mesa and related primarily to transportation -J-? .2- /2..-2- TInS PAGE BlANK ~ Page 3, Item Meeting Date ul 1993 and circulation, land use, and public facilities fInancing, are provided adequate mitigation. We will keep the City Council informed of any specifIc responses from the City of San Diego on this matter, as well as any future actions that we deem necessary or are directed to take in order to ensure that our concerns raised in the letter receive adequate response. FISCAL IMPACT: None. (f: \home\planning\occnupdt.a13) ~ 12 - ~I 1,).-1 12 ..., /,.,/....., / ~) ,/ "-.J"t.w. \"")... ~ ~ It-- ~~~~ ....~.......... ~~~ OlY OF CHULA VISTA OFFICE OF THE CITY MANAGER June 28, 1993 The Honorable Mayor and City Council City of San Diego 202 HC" Street San Diego, California 92101 Subject: Otay Corporate Center North Final EIR (DEP No. 88-1144) Dear Mayor Golding and Members of the Council, The purpose of this letter is to reiterate the City of Chula Vista's concerns with the Final Environmental Impact Report for the proposed Otay Corporate Center North Industrial Subdivision, and associated planning and development assumptions on which the EIR is based. The City of Chula Vista also would like to suggest some actions that your Planning Department take to address these concerns. It should be noted that, on March 23, 1993, the Chula Vista City Council authorized our staff to forward the comments contained in this letter to your City Council. Subsequently, we received a copy of the City Manager's Report on this project, dated June 22, 1993, which is recommending that action on this project be continued until after November 25, 1993, due to Transborder Airport issues. We have not had ,,<1 opportunity to review the most recent City Manager's recommendations with our City Council; however, we feel that the comments contained in this letter should still be made known to you at this time. The City of Chula Vista reviewed the Draft EIR for the above referenced project in October 1991 and submitted comments regarding potential impacts to traffic, land use, biology, visual quality and landform alteration which, in our opinion, were not adequately addressed in the document. Since this time, Chula Vista has responded to the Final EIR and has provided public testimony in opposition to the project to both the San Diego Subdivision Review Board and Planning Commission. Based on the responses to our initial comments, which were prepared as a part of the Final EIR, and the Planning Commission's lack of response to issues we believe still exist, the City of Chula Vista remains unsatisfied with the level of analysis given to this project and the lack of sufficient documentation to support the responses to our comments. In question and of particular concern is I) the lack of an adopted Transportation Phasing Plan for western Otay Mesa, 2) the adequacy of the transportation analysis conducted for this project, 3) the age, adequacy, a:1d reliance upon the Otay Mesa Community Plan and EIR (1981) as reference documents for ongoing project review and discretionary action, and 4) the amount and intensity of land devoted to industrial uses on Otay Mesa. ~ /;2. -}? / 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 919101(619) 691-5031 Mayor Golding and City Council -2- June 28, 1993 Until these issues are adequately addressed, the City of Chula Vista respectfully requests that action on the conditional approval of the vesting tentative map, and other discretionary actions, and certification of the Final EIR, be postponed. Our specific concerns with the issues noted are summarized in the following sections. It should be noted that many of these same concerns have been previously brought to the attention of the City of San Diego via two letters from John Goss, City Manager, dated January 21, 1991 and December 24, 1992 (see attached). Transoortation Phasin!! for Otay Mesa As indicated by the responses to our initial comments (please see Draft EIR comments 1,2,4,5 and 9) ~he Final EIR provides no evidence that cumulative traffic impacts caused by approved and pending projects, including the proposed project, have been adequately analyzed to ensure that the regional circulation system will not be adversely affected. The City of Chula Vista is of the opinion that without an adopted Transportation Phasing Plan (TPP) for western Otay Mesa, no assurances can be given through the Precise Plan process or through the approval of project-specific TPPs that a working regional serving circulation system will be in place or available commensurate with need. As you are aware, several joint transportation planning studies are currently underway which affect the future Otay Mesa circulation system as shown in the EIR. Central to these studies is how best to accommodate regional traffic demand forecasts for the South Bay region and the design and alignment of transportation facilities crossing the Otay River Valley. At present, only Heritage Road and future SR-125 are shown as river crossings in the Otay Mesa Community Plan and Public Facility Financing Plan; yet, the environmental document for the Otay Corporate Center North project improperly assumes completion of La Media Road across the Otay River Valley. To reiterate our earlier concern, until an adopted circulation system is in place along with an adopted phasing and financing mechanism for the entire Mesa, it seems inappropriate to base a traffic analysis on an assumed circulation system. Otay Coroorate Center North Traffic Analysis In the revised and final Transportation Phasing Improvement Plan for the Otay Corporate Center North and South projects, a trip generation rate of 130 trips per industrial acre was used in the traffic analysis. This rate is higher than and inconsistent with the industrial land use trip rate assumptions originally and currently planned for Otay Mesa. This is critical since previous studies preformed by SANDAG indicate that there is not sufficient capacity on the RTP circulation system to accommodate the cumulative effect of an industrial trip rate greater than 100 trips per acre. Prior to approval of this or any industrial project above a rate that is already )~-t ~. CITY OF CHULA VISTA Mayor Golding and City Council -3- June 28, 1993 of concern, additional studies should first be completed to determine the potential for cumulative and regional impacts. Also in question is whether the traffic analysis and phasing plan for the project considered the impact on the existing and planned circulation system caused by additional dweIIing units now being allowed through a "conceptual agreement" to landowners of several adjacent residential projects as a result of the redesigned sub-regional open space system. The City of Chula Vista finds no evidence of these additional trips being considered in the project's traffic analysis. This increase will add considerably to the number of trips on the system and should be assessed for its cumulative impact. Otay Mesa Community Plan The City of Chula Vista remains concerned about the adequacy and continued use of the original environmental document prepared for the annexation and establishment of city zoning on Otay Mesa, in particular, the amount of industrially designated land on the Mesa and resulting analysis regarding cumulative traffic impacts. Studies have shown that there is limited capacity on the regional circulation system to serve traffic generated on Otay Mesa utilizing standard rates for industrial uses. When the regional circulation system for the Otay Mesa Community Plan was evaluated a lower standard (100 trips per industrial acre) was used in the transportation model. To rely on those earlier documents for ongoing project review appears flawed, as we believe they do not adequately analyze the cumulative and regional impacts of approved and pending projects on the existing and planned circulation system. Furthermore, we feel this situation will be exacerbated by increasing the industrial base through the approval of the Otay Corporate Center North and South projects. The net result of continuing with this course of action will be high traffic volumes and resultant poor levels of service on the freeways and arterials connecting to and through the City of Chula Vista. Industrial Zonin~ on the Mesa The City of Chula Vista remains concerned about the amount and intensity of land devoted to industrial use on the Mesa, both in the City of San Diego and in the unincorporated area of the County. To state that an increase of 120 acres will not create a land use impact because it represents only 3 percent of the City's total industrial acreage on Otay Mesa is to ignore the fact that over 3,600 acres of industrial zoned land already exists in the City's portion of Otay Mesa. The proposed increase will increase an already existing land use imbalance between employment generating uses and residences for those employees which has negative impacts upon Chula Vista in terms of traffic, air quality and economics. The City of Chula Vista believes this increase should have been analyzed in the EIR and that it constitutes a cumulatively significant land use impact. );2 - '/ --3 CITY OF CHULA VISTA Mayor Golding and City Council -4- June 28, 1993 Conclusion Due to the above mentioned concerns, the City of Chula Vista would like to advocate that your planning department embark on a comprehensive update of the Otay Mesa Community Plan and that this update be made a high priority work item. The City of Chula Vista would also request that the Otay Mesa Public Facilities Financing Plan be reexamined and expanded to include missing or underfunded river crossings, and that this update be linked to an adopted Transportation Phasing Plan for western Otay Mesa to ensure the availability of these facilities commensurate with need. In order for the Community Plan to provide sufficient direction to meet current development needs, we believe at minimum that the transportation information should be revised and updated in the context of an environmental document. That update should embrace, at least in concept, a work program component to look at the balance of residential and non-residential uses in the south San Diego area and further explore the demand and possibilities for non-industrial, but compatible and support uses for the Otay Mesa area. We appreciate the opportunity to provide comments on the Final EIR for the Otay Corporate Center North project and matters relating to the planning and development of Otay Mesa. We look forward to your response and consideration on the above matters. Sincerel y, t94~ John D. Goss City Manager cc: Mayor and City Council Attachment: Ltr dated 1/21/91 to John Lockwood Ltr dated 12/24/92 to Jack McGrory (a:\occo_ccJet) J2-!S 1- CITY OF CHULA VISTA ~{~ =--st__~ ~5"-~ ii:~ eflY OF CHULA VISTA ~'y (;- ~'\. ~1:> ',,,, ~ IV\. OFFICE OF THE CITY ""ANAGER January 21, 1991 John Lockwood City Manager City of San Diego 1600 Pacific Highway San Diego, California RE: OTA~~AND USE AND INFRASTRUCTURE Dear Mr~c~d: This letter is to state some ongoing concerns which the City of Chula Vista has regarding the development of the Otay ~esa and to suggest a couple of actions. First, we would like to advocate tha~ YD~r Planning Department's update of the Otay Mesa Community Plan be made a'high priority work item. Second, we would request certain additional infrastructure issues be addressed with the annual update of the Otay Mesa Financing Plan (FBA). Third, we would like to have greater participation and input from your city regarding the State Route 125 toll road proposal. . As to the Otay Mesa land use, the City of Chula Vista remains concerned about the amount and intensity of land devoted to industrial use on the Mesa, both in the City of San Diego and in the unincorporated area of the County. Conversely, we are equally concerned about the lack of attention being devoted to the opportunity for non-industrial land use~ on the Mesa. The net result of continuing with the current course of action will, be a high traffic volume and resultant poor levels of service on the freeways and arterials connecting to and through the City of Chula Vista. We question the adequacy of the original environmental documents prepared for the annexation and establishment of city zoning on the Mesa, in particular, the information regarding cumulative traffic impacts. Furthermore, the reli~nce on those earlier documents for ongoing project review and discr~tionary actions appears flawed. At a minimum, we believe that ~he tr6nsportati~n information should be revised and updated in the context of an, ![1v)r:nlmenhl document in support of an update of the Otay Mesa Community PlaD"f~~t.up~ate hopefully would also embrace at least in concept, a work progr.a", component to look at the balance of residential and non residential uses in the'South SIn Diego area and further explore the demand and possibilities for non industrial, but compatible and support uses for the Otay Mesa area. );2, -; -.5 Z76 FOURTH AVENUE/CHU~A VISTA, CA~I;OF"~IA 12010/('1') "1.5031 . I On the County side of the issue, Chula Vista has continued to challenge the assertions that additional industrial zoning is appropriate on the East Mesa and was successful in encouraging them to do ,dditional. environmental analysis prior to the establishment of any new zoning. .We are closely monitoring their current Specific Plan Process and have the same goals and objectives in mind for both jurisdictions. In conclusion, a mere ~6lanced land use approach is really needed by the City and County if the transportation system in the sub-region is going to work. Chula Vista will to do its part as well IS a co~,onent of an overall strategy. As to the financing plan on the Otay Mesa, we f,el ~hat the program needs to be expanded and reexamined. Your annual upda~ should include a revision to consider participation and funding for additiona'l cross)ngs of the Otay River Valley. The update should examine more closely. the cost and timing for the construction of the currently-included Herihgelload crossing between Chula Vista and the City of San Diego. The cost eStimate'for that facility may be underestimated and the timing of construction may need to be advanced to our mutual advantage. . Finally, your city needs to look at its role and the role of the Otay Mesa property owners with respect to State Route 125. This should likely be accomplished based upon discussions with the State, City of Chula Vista and the County of San Diego. Additional input is needed as to the merits of a toll facility, what the ramifications of such a facility might be and a strategy developed for funding and constructi~n of a t~~n$portation facility in the SR 125 alignment should a toll road or State freeway not come to fruition. ' In summary, we suggest the following: 1. A change in Planning Department priority to focus on the update of the Otay Mesa Community Plan. 2. Inclusion of missing or underfunded bridge 'mprovements in your annual update of the Otay Mesa Financing Plan. 3. Greater involvement by San Diego staff in the discussions regarding a toll road for State Route 125 including a clarification of your position on a toll road and what issues and concerns you, mav hAve with the proposal. We look forward to your response and cooperation on the above matters Ind appreciate the opportunity of raising these points with you. / JDG:GK:lm LOCKWOOD/c /d) -/0 6' CrTY OF CHULJ. VISTA ~{~ ~ 01Y OF OiUlA VISTA OfFICE OF THE CITY MANAGER Deceaber 24, 1992 Jack McGrory, City Manager City of San Diego 202 C Street San Diego, CA 92101 Dear Jack: On January 21, 1991, I sent a letter to John Lockwood (see attached) requesting that the City of San Diego take steps to update and refine the land use plan for Otay Mesa. I believe this request was denied because of inadequate resources to support such a planning effort. Even though San Diego's fiscal condition has not improved but has worsened, a request is still being ..de that the City update the Otay Mesa Master Plan. The reasons for this request are as follows: 1. It has been 14 years since San Diego Progress Guide and Genera' Plan was adopted and 11 1/2 years s~'ce the Otay Mesa COImUnity Plan was adopted. It is now timely that the plan be updated to include the additional land use and environmental information which has been developed over the years. 2. Most importantly, Chula Vista is very concerned about traffic generated from all the zoned industrial develOplllent on Otay Mesa. Even though planners are using an est illite of 100 trips per acre for industrial development and argue that current warehouse developlent produces less than that. there is a concern that the a.,unt of trips per acre will increase as other uses fill in the industrial _ix. Even if the planners are wrong by 10% (say 110 trips per acre), and planners have often been 80re off base than that, it would lean that an additional 60,000 trirs per day would be generated by the Mesa up through the corridors of 1-5, -805, and the future SR 125, as well as the City streets of Chula Vista. This would overload these freeways to unacceptable levels. 3. Related to traffic is the fact that new developlent occurring in the South Bay, especially IS part of the joint planning process lIe....n the City and the County of the Otay Ranch Project, is oriented toward transit. According to a recent report by MTDB, planned developlent in tilt west Otay Mesa in the City of Sin Diego is not oriented~oward transit dtvelOplent. They point out that these develOplents, principally those in the residential areas, were planned prior to adoption of the City's transit oriented design guidelines. Apparently, MTDB is asking that revisions to these plans be ..de to create accessibility to transit. 'Th;s would be /cJ -II ? m FOUIlnl A\lEN~UL.A YWT" CAlIOl'lNIA ""IVII'" .,..." -2- -il.. another reason why the ..ster plln for Dtay MeSI should be relssessed in order to reflect San Diego's current transit oriented design guidelines and to respond to this request free MTDB. 4. further, at the tile the original Dtly Mesa ..ster ,lln .IS co.pleted, at least in the view of the City of Chula Vista, fnldequate allowance .as ..de for needed c~~ital i~rovelents to serve Olly MeSI. While the Otay Mesa financing plan has been recently updated, fssues such as additional river crossings and how to address the proposed toll rold are not discussed. 5. Underlying the concern of the City of Chula Vista fs the flct that planning principles utilized at the tile did not foresee new air quality strategies, habitat preservation, .ixed use developlent etc. in determining the land use of the west Mesa, especiully between Brown Field Ind the border, compared to the planning that is now occurring on the Otay Ranch project or the east Mesa being planned currently by the County of San Diego. Since it wi 11 tlke ..ny, ..ny years for fndustrial development to occur in the industrial portion of the Mesa within the City of San Diego, there is time for a ..ster plan revision to take these factors into account. The root of the problem is that the llnd use plan for the industrial portion of the west Mesa provides for wall-to-wall industrial development which does not include land uses which could ..ke this development ~re livable and to mitigate the i~pacts that this llnd use will have on Ireas north of the Mesa, particularly the City of Chula Vista. There needs to be more residential development to create a better jobs/housing balance, and even ~fter that, there is a need to provide COlmercial and recreational facilities on the Mesa to replace existing industriall~ zoned land to create a better balanced industrial area. Adequate shopp,ng, an executive golf course or courses, commercial softball cOIplexes, driving ranges, are examples of alternate land uses which could clpture trips on the Mesa, as well as better serve the e~ployees that will eventually be on the Mesa. At the same time, there .ould still be enough llnd for industrial development for the City of San Diego for ..ny years and decades to come. for the above reasons, the City of Chull Vista strongly urges the City of San Diego to redefine and update its ..ster plan on the western Mesa. This Ictually should include a ~ratorium on Iny tentative ..ps in th! fndustrial area unless they are immediately adjacent to the border or to Brown Field, since there is already a significant amount of industrial acreage ..pped on the Mesa for a number of years to come. The remaining area should be replanned taking into account all the ~yriad of changes in land use ..ndates and principles and for the rationale provided earlier in this letter. /.2 - /2-- s . . -3- Your cooperation in looking at this issue would be greatly appreciated. Sincerely, :J JDG:mab lockwood ;1,;2 --- / J cr CITY OIF CHULA YllTA .. -,.--' \ / /'- ~ , I "-.. ~ OTAY IIESA ...........LI'llOI'OlIAUI ...... ,....... 0... .... ~. ...... A o-..r, R8ndt IWdRt 245 1.503 5013 BOIly....... v.nou. .... on HaId C c.T_ ,... _ 5.375 '.01 ~ : =~ =:.. :: ~:: ::: F"'" s......1nw. "-'- t27 591 .U5 o Sault P... V.mu. 250 1,245 C__ H........ YlIrIDuI PlafIdGrlHald I AIn*Igm Hh v.tou. 100 352 3. ~ OIIyCorp.ND.".... In .........PIIt\ :.....~.........F.b.tltt. ,.......lramStpl.I.. unliT.....,.....,.............. ~ ~ ~ OTAY MESA - NESTOR TlA JUANA RIVER VALLEY. SAN YSIDRO. AND OTAY MESA COMMUNITY PlANS -~ J-- I .-.--- - -.-' I J-- I I .... ......l- ..../ .........: ~ ..;... FAA RUNWAY PROlEC11ON/APPROACH ZONE DIMENSIONS - - STATE GUIDEUNEs \ \ \ \ \ \ \ I I I ! I , I , I I t I I I , / i ~~=:J I __J IID/ <I> -- - =-"'="==-,:--..-"'...-- _......_---..~-.__.._--- ... -----'_.~-.....----- =-~'::""u:::.::"'..:.":_""":.:::...-..,..Qr., TRANS-BORDER STUDY AREA- AIRPORT VS. DEVELOPMENT - OTAY MESA OPTION 3b ALIGNMENT o .tachaent 10 "'<'tap. 1 of , MEMORANDUM July 27, 1993 SUBJECT: The Honorable Mayor and City Council John Goss, City Manager.J~,~) ~j Ken Lee, Assistant Director of Planning ?1 ~ J AGENDA ITEM #12- STATUS UPDATE, OTAY CORPORATE CENTER NORTH TO: VIA: FROM: As scheduled, the San Diego City Council considered the above noted project at its meeting this morning. Despite Chula Vista's most recent letter of opposition, and San Diego staffs recommendation to continue the hearing to after November 25, 1993 due to transborder airport issues, the Council approved the proiect and related discretionarv actions (vote 5-4) includina General and Communitv Plan amendments. final EIR and findinas. ordinance incorporatina the site into the Otav Mesa Development District Industrial Subdistrict zone. ordinance amendina the Municipal Code related to that District. an ordinance amendina the San YsidrolOtav Mesa Enterprise Zone. vestina Tentative Map. and Resource Protection Overlav Permit. Their discussion centered around the uncertain future of continued airport planning activities, and consequently, undue and prolonged delay of action on the Corporate Center project. They further cited the general need to support economic and job growth in moving the project forward, and stated the position that industrial uses were generally consistent with an airport, should the airport proposal ultimately move forward. Based on these actions, staff intends to confer with our City Manager and City Attorney regarding subsequent response and possible legal action. Staff will report back to the Council within the next three weeks as to proposed courses of action for Council direction. (otcorpcn,mem) 'r; /.~ / c7'\ .--- P / / '--"-: COUNCIL AGENDA STATEMENT Item 13 Meeting Date 07/27/93 Public Hearing: Consideration of Rate Increase for Collection and Disposal of Refuse Resolution 17~"r Approving Rate Schedules for Collection and Disposal of Refuse Effective July 1, 1993 SUBMITTED BY: Deputy City Manager KremplU;~ Director of Finance REVIEWED BY: City Manage~~~t1~l (4/5ths Vote: Yes___No-X-) ITEM TITLE: The County of San Diego recently increased its landfill fees by 53.57%, from $28 per ton to $43 per ton effective July 1, 1993. Based on the County's action, Laidlaw Waste Systems has requested a rate increase for the collection and disposal of refuse. The proposed rates reflect onlv the change in the landfill component and do not incorporate any changes for consumer price index or franchise fee rate. The adjustment for the landfill rate increase has the effect of increasing the residential rate from the current $12.28 per month to $14.62 per month. RECOMMENDATION: Adopt the Resolution approving the rate schedules to be effective July 1, 1993. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Rate structure In August 1991, Council adopted Ordinance No. 2475 clarifying the methodology for calculating rate increases to collect and dispose of refuse. The rate is made up of several components: Landfill Rate Component, Franchise Fee Rate Component, and Other (Operating) Rate Component. The Other Rate Component may (subject to Council approval) be increased in accordance with the annual change in the consumer price index (but not to exceed 6%) to cover operational cost increases. Increases in the Landfill Rate Component and the Franchise Fee Rate Component are considered, and have been treated as, direct pass-throughs permitted by the waste management franchise ordinance. The only component addressed by this report is the Landfill Rate Component. The Other Rate Component and the Franchise Fee Rate 13"'1 Item J j Meeting Date Page 2 07/27/93 component will remain unchanged. Because of the significant increase in landfill fees imposed by the County, Laidlaw is requesting that the increase be passed-through, thus increasing the rates charged for the collection and disposal of refuse. Ordinance No. 2475 states that "the proportion of modification to the Landfill Rate Component shall not exceed the proportion of change since Grantee's last rate increase in the rate charged by the County of San Diego to Grantee for tipping fees at the Otay Landfill". In other words, the Landfill Rate Component may be increased by the same percentage increase in the County landfill fees. Since the County's July 1 increase in landfill fees represented a 53.57% increase from the previous fees, it is proposed that the Landfill component of Laidlaw's rates also be increased by 53.57%. Laidlaw has submitted information indicating that their actual landfill costs for the past two years have been $166,000 more than they have received in revenue from the Landfill component of their collection and disposal rates. They are also projecting th~t in FY 1993-94 their actual landfill costs will exceed revenues by $140,000 even with approval of the proposed Landfill component rate increase before the Council tonight. Although Laidlaw's position is that they are not recovering all of their landfill costs, staff still recommends that the Landfill rate component be increased only by the same percentage increase (53.57%) as the county Landfill fees. This adheres to the Ordinance language and is the same methodology used the previous two years. This issue will continue to be discussed with Laidlaw and will be addressed at a later date. Attachment One indicates the proposed residential and commercial rate schedules reflecting the increase in the Landfill Rate Component to be effective July 1, 1993. Examples of the impact on the rates are as follows: Tvpe of Service Existing Rates as of 6/30/93 Proposed Rates to be Effective 7/01/93 Residential (Single Family) Trailer Parks & Motels (Minimum Per Month) $12.28 (1) $19.98 $14.62 (1) $22.32 Senior Yellow Bag Program $44.13 $12.25 $53.27 $14.50 Commercial & Industrial (One Time Weekly) (1) Includes $1.10 for recycling 13'~ Item ) ;J Page 3 Meeting Date 07/27/93 The Franchise Ordinance states that "the city Council shall have the unilateral right to require a hearing for any rate increase at its discretion." The Council has an implied right to approve or disapprove all or any portion of any proposed rate increase. In past practice, all "pass-throughs" relating to increases in Landfill fees and Franchise Fees have been approved. If the proposed rates are not approved, then it would put Laidlaw in the position of having to pay substantially higher Landfill fees without the ability to recover these costs through their rate structure. And as previously discussed, Laidlaw is already in a situation where they are not fully recovering their Landfill costs. Settlement Amount In 1991, questions were raised regarding the methodology used to calculate rate increases in previous years. Staff, wi th the assistance of the city's auditors (Deloitte & Touche), and with the cooperation of Laidlaw, reviewed the rate increases for the previous five years. The review disclosed that past increases had been calculated by applying the percentage change in the consumer price index each year to the entire existing rate charged to customers. The correct calculation should have been to apply the percent change in the consumer price index to the Other Rate Component only, and treat changes in Landfill rates and Franchise Fee rates as pass throughs not to be increased by the consumer price index. As a result of this review, staff performed a recalculation of the rate increases for the previous five years. This recalculation resul ted in a one-time permanent reduction of $0.24 in their residential rates, a reduction of approximately $0.08 per yard for commercial rates, and identified an amount of $305,000 to be redistributed. The City Council approved using $50,000 to establish a city Waste Management Trust Fund and using the balance of the settlement adjustment in the amount of $255,000 (plus interest earnings) to offset rate increases for the next three years. Sixty percent was used in the first year (1991-92) to reduce rate increases and twenty percent was to be applied in each of the second and third years. For the first year this resulted in a reduction of $0.26 to the residential rate and a reduction of $0.11 last year. The proposed rate schedules extend the 1992-93 reduction and reflect an $0.11 reduction for 1993-94. Franchise Fees As indicated above, the City's Franchise Fee Rate is proposed to J "3 ';J Item l;l Meeting Date Page 4 07/27/93 remain at the current 8%. However, even with the same rate, the city will receive approximately $120,000 additional Franchise Fee revenues in FY 1993-94 if the proposed rate schedules are approved by the City Council. This occurs because the City's Franchise Fee Rate is applied against gross revenues and Laidlaw will receive higher revenues (and experience higher costs) as a result of the increase in rates for waste collection and disposal. The Franchise Fee Component of the proposed rate schedule represents $0.19 of the rate increase. Future Rate Adiustments Although staff is recommending proceeding with the pr9posed l.ncrease in rates due to the direct pass through and immediate impact of the increase in County landfill rates, the issue of rate increases tied to the consumer price index is still outstanding. In March 1993 Laidlaw applied for a rate adjustment for refuse collection and curbside recycling based on a 2.1% increase in the consumer price index. The request was denied by the City Manager because of lack of any financial data from Laidlaw supporting the proposed increase. staff has been meeting with Laidlaw with the goals of developing a standard refuse and disposal rate application and review methodology which will be consistent from year to year, provide the City Council with relevant financial information so that Council can be confident of its decisions regarding rate adjustments, ensure that citizens receive quality service at reasonable rates, and allow Laidlaw a reasonable profit and return for necessary costs associated with providing the service. One step in the right direction toward meeting the above goals is that, beginning September 1, 1993, Laidlaw will maintain separate financial information for the city of Chula vista franchise. In the past, financial information has been available only on a division basis in which Chula vista was a portion of the larger service area. This change should make it easier to develop relevant financial indicators regarding Laidlaw's operations in Chula vista. FISCAL IMPACT: For single family residential, the rate for refuse collection is proposed to increase from $12.28 to $14.62 per month representing a 19% increase. The impact on all rate payers is indicated on Attachment One. If Council approves the proposed rate schedules, the City will receive an estimated $820,000 in franchise fee revenue for FY 1993- 94. Of this amount, approximately $120,000 is attributable to the proposed landfill rate increase. The City's franchise fee rate will remain at 8%. IJ"1 RESOLUTION NO. 17204 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING RATE SCHEDULES FOR COLLECTION AND DISPOSAL OF REFUSE EFFECTIVE JULY 1, 1993 WHEREAS, the County of San Diego recently increased its landfill fees by 53.57% from $28 per ton to $43 per ton effective July 1, 1993; and WHEREAS, based on the County's action, Laidlaw Waste Systems has requested a rate increase for the collection and disposal of refuse; and WHEREAS, the proposed rates reflect only the change in the landfill component and do not incorporate any changes for consumer price index or franchise fee rate; and WHEREAS, the adjustment for the landfill rate increase has the effect of increasing the residential rate from the current $12.28 per month to $14.62 per month. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby approve the following rates effective July 1, 1993 and as set forth in the attached Attachment One: Tvpe of Service Proposed Rates Trailer Parks & Motels (Minimum Per Month) $14.43 (1) $22.13 Residential (single Family) Senior Yellow Bag Program $52.44 $14.32 commercial & Industrial (One Time Weekly) (1) Includes $1.10 for recycling Presented by Approved as to form by George Krempl, Deputy city Manager Bruce M. Boogaard, City Attorney F:\home\attomey\trash.inc 13-5 FilE: CVRe03lF 7-14-03 CITY OF CHULA VISTA RATE TABLE EFFECTIVE 7-1-93 RESIDENTIAL RATES "LANDFlLL INCREASE BASED ON % OF COMpONENT - NOT COST INCREASE .. P..flNO ........... WAITE ... WAUl! A .. 0 IUoTI!AT UTTLEIUIT fIAT! AT fllANCHl!lE LAHOFIU FEE F.....NCHI.E '_H_n YEA" I AOJ '.H_n fEE..... wnAD..I lNCIlIEA.E ... ,., 10' IA+I' ,e, 1'1 ,., IH-CI COLUMN: RESIDENTIAL UNITS: SINGLE FAMILY lilt Wll1 UNIT'.vTUONlE lElDI ADDnONMUNIT \i.."-~,_... :' SO.11 SO.08 TRAILER PARKS & MOTELS (CENTRAL L ';'MMu.Y-PER MONTH . 'i1l.911 SO.21 Mon-MEs WEEKLY 1;7<4 SO.08 THREE nMES WEEKLY /S9".52, SO.09 FOUR nMES WEEKLYSU;llr SO.11 D.A1LYPICK UP ~MES'JJM.!I SO.13 fC+D+1!1 _Z-f_lE." l S"~~~~... LSO.. .,~ S2.D4L SO.'9J U~ _$8.44 SO.67 $3.70..$4.08 $0....1.' _S.2..CJ.4 SO.19 SO.88 OCATIONI: S2O.19 SI.60 $3.70 $14.89 $7.82 SO.62 $3.70 ~ S9.61 SO.76 $3.70 $5~ SI1.29 SO.89 $3.70 $6.70 S12.79 SI.Dl $3.70 $8.08 TRAILER PARKS (INDIVIDUAL CAN SERVICE PER UNIT: . ONE COLLEcnON WEEKLY'.$Iii..~ SO.08 $8.44 TWO'coLLEcnoNs WeEKLY $IQ.79 SO.11 SI0.90 SENIOR "YELLOW BAG' PROGRAM: i.. BAG PURCHASE$M!U', II lAG I"U"CHASIE OEUVEIlIEO TO HOMIE ~e!r COMMERCIAL AND INDUSTRIAL: .lJ.~ TO (2) 40 GAL CONTAINERS ONE nME WEEKLY TWO nMES WEEKLY THREE nMES WEEKLY SO.12 SO.22 SO.33 ~,: $22.00. $32.-43 ~ ~~ 3: f"T1 :z ..... o :z f"T1 $44.13 $44.65 $3.53 S14.44 $26.17 $3.57 $14.44 S26.64 S12.37 SO.98 $3.56 S7.83 S22.22 SI.76 $6.38 $14.08 $32.76 S2.59 S9.41 S2O.76 SO.11 $2.04 SO.19 ~.11 S2.04 SO.19 SO.11 S2.04 SO.19 SO.11 $2.04 SO.19 ~.11 S2.04 SO.19 ~~~-~I SO.11 $2.04 SO.19 S7.96 1 S7.96 SO.73 1 SO.73 SO.441 SO.44 SO.10 SI.96 SO.18 SO.19 $3.52 SO.32 SO.29 $5.19 SO.48 Sl.79 SO.81 SO.95 S1.08 SI.2O SO.881 S1.05 $4.26 $4.30 Sl.18 $2.08 $3.07 10.".-' 1H".lE-II :::~ L:;~J :::~llla $5.85 S14.89 $5.85 $3.51 $5.85 $5.15 $5.85 $6.70 $5.85 $8.08 :::~ I ::: I :::~!l:~ S22.84 S26.17 S22.84 S26.64 $5.53 $7.83 S10.09 S14.08 S14.90 S2O.76 . SO.12 SO.22 sll$;~ SO.33 .$M;Ml" INn". .. .... ....- 5J-AI S2.34 $2.34 S2.34 S2.34 S2.34 S2.34 S2.34 S2.34 S2.34 $9.13 $9.13 $2.25 $4.04 $5.97 ..- ALE: cvceo3lF 7-t4-03 RATE NO. W:~ ::J LEVEL 8,Na otU . "M"UU RATE 1 1 13 _ "'~X!."U" R~TE 1 1 13 MlHlMUM RATE 1 2 ~ MAXIMUM RATE 1 2 .. MlN_~_~" R~~ 1 3 30 ~_~.!'U.. RATE 1 3 30 _...~..U.. RATE 1 4 52 _MAXIMUM RATE 1 4 .. MI..MUM RATE 1 5 .. MMIIUM RATE 1 5 .. MI..MUM RATE 1 -. 6 10 MAXIMUM RATE 1 6 7. III..MUU RATE 1 7 01 MAXIMUM RATE 1 7 01 ......UIlI RATE 2 1 21 MAXIMUM RATE --- 2 1 ~_4! -- MI"MUM "ATE .J. 2 -~ - -.- ~~~-~-~~-~- -~ _? -"' ""MUM RATE 2 3 10 MAXIMUM RATE 2 3 7. MI..MUM RATE 2 4 '.4 MAXIMUM RATE 2 4 104 ......U.. RATE 2 5 130 MAXIMUM RATE 2 5 130 MI..MUM RATE 2 6 1M ""!DMUU "ATE 2 6 1M MI..MUM "ATE 2 7 112 ""XUIIUM RATE 2 7 11. EXISTING WASTE .... RATE AT .~ 8-IO-OS ftMlADI ~.. . :':'f.;iHf $0.34 ....,..,..,-,....--.--..,. ,.",'. $74.U,' $0.40 t\Jiio7]IHi:' $0.57 '---'-"','-""'" ':.j:..,$1....7f. $0." ,:{},-'.j~).tf $0.78 .......:$lr..II4. $0." . 'SllllI...' $1..' ..:,',': U:I2.lla. $1.2' .' tt4S...a:' $1.2. .,:.'...... tt.o,ro' S1 52 ,..,:....t.t.l7.. $1.53 .,.:'.'-p,,: $'..' ,:':,"::.:' ._.....: $1..2 ...,-.,-':.,.,.,:.:.,.:.......,'_...:. ~'4CI...n" $2.1' " n*01k $0..' :.'.....:.jsti.. $0.74 , O~ I 0:$. S1 1 1 .:::02:MiJCi'. S1 .2' ':::::0281;",: $1 .4. '$3t1l0Cl $1 .71 .,::,;,;:::,:; -:; ............,.......,.., "$3Oen' $1 ;.:.:.:":".' i:,'-', .02 :i..l1d's $2 .20 ...,.......,",..........,. 'FF,.$i!tt $2.40 ,....,......,......... ,...SOli!$(( $2..7 ............"....".... '::':"";9: $2.02 ... ,-f)!ft! $3.2. F...Iii;", $3." -:." :jmM $3..' ". ~ ~ ~~ -l o :z ... CITY OF CHULA VISTA RATE TABLE EFFECTIVE 7-1-93 COMMERCIAL RATES "M>I'''' "'''''''''0 W".'I! ItATEAT .-30-. ..... -- ......... NEW WASTE RATE AT 7-t-88 $84.23 $5.11 $15.11 $43.41 $14.01 $5.ge $15.11 $53.~~ $108.53 $8.84 $31.43 $6~:~!.. $121.39 $10.14 $31.43 $8~:!:' $151.28 $12.04 .$41.14 $92~ ~~ $110.48 $14.28 $47.14 "118.:.-~ $100.10 $15.84 $82.88 $12~.,4~ $233.82 $1 lUll $62.88 $15~.~ $244.18 $10.48 $78.51 $146.7.1 $288.31 $22.04 $18.51 $186.78 f--!202.70 I--$.'!o..... _'''.2.. ~$_1J~:.1~ $348.11 $27.7' $".2. $226.67 $348.81 $21.80 $110.00 $208.21 $405.41 $32.20 $110.00 $283.15 $115.32 $..1. 131.43 $14.12 ~-'SS.22 '".~ ..!3' .'3 _~~~_8 _$211.50_ __.~e._!5~ _~82--=--8,~_ _~1,~~_ $231.35 $111.118 $82.~.~ ~-'55}~0_ $283.43 $22.58 $04.28 $188.58 $324.11 $25.84 $04.28 $204.58 $388.03 $20.20 $125.11 $213.03 $418.33 '33:37- $125.11 $280.25 $480.11 $36.82 $151.14 $288.41 $50...7 $40.55 $151.14 $311.88 $...... $44.81 $188.58 $327.3' $.20.7. $48.40 $188.51 $SS...O $_.7. $52.50 $210.00 $388.21 $725.35 $57.7' $21..... $447.83 OTHER "T( .,..... - :- ....... .... .-.. $..... $...... $10.07 $10.01 '20." $2.... $30."3 $30.03 $48.81 148.01 $".110 $5..110 $."'. _... $1".87 $1....7 $30.03 $30.03 $".110 $".110 110.88 "0.118 lDO.83 100.113 $1111.10 $110.78 $130.7& $130.78 $0.48 $8.70 $0.110 $0.48 $8.70 $0.80 $0.08 $11.41 $1.80 $0.08 $11.41 SUM) _~1.44 $28.11 $2.40 $1.44 $28.11 $2.40 $1.02 $34.81 $3.18 _~1.82 $34.81 $3.10 $2.40 $43.52 $3.00 $2.40 $43.52 $3..... ----12..._ _"2.22 $4.7.. $2... $52.2' $4.7" $3.38 $80.02 $5.58 $3.38 $80.02 $'.'" I'..' $24.110 $43.41 110.34 :::':ti1~..:. $8.18 $2'.110 $SS.23 1S0.40 :t*'~;~ 1S0.57 .,",....,......... $10.23 $4SUO $....7 :,..n;"". $11 .73 $40.80 $115.83 ISO." ,:,::=(:;,.,':411;.) $14.44 $14." $02.10 1S0.7. FF,..";io.<I $16.88 $14.80 $118.07 ....... .~lllI;4 $10.04 $DO.50 $120.40 "I .0' "........2:tt..tict' .",",' ,. :::::;,::,.' .:~ ..: $21 ..0 $DO.50 $152.38 '" .24 .""'..,.'i1i~ii;ill; $23.47 $124.40 $148.71 ". .2. ......:....iill$::tO' $2<<I.M $124.40 $1118.70 "I .82\ .liiliiidii: $28.08 $140.30 $115.12 -", .SS ::.ioiiiij;oii '" .14' .". ............ $32." $.....30 $22...7 ..".:."Aoo,iil", '" .12' ..,.--.....,..,... $33.18 $174.28 $209.21 F:""S-i..ii:&ij' $37..' $174.28 $213.1' "2.14' tJ.ioii..Ht $"''' $'7." $1.10 _'0.'" $17.41 $1.eo __1-'-'-02. ~._~ ~3.1~ 11.02 $34.81 $3.11 $2.88 $52.22 $4.70 $2.88 152.'2 $4.71 $3.85 '81.M $e.30 $3.85 $80.83 S8.38 $4.81 $87.03 $7..... $4.81 $87.03 $7..... $5.71 $104.44 $..... $5.77 $104.44 $..... $..73 $121.85 $11.11 $8.73 $121.85 $11.18 $10.77 $'2.eo $~0.03 $22.08 $27.35 $SO.13 $SS." $30.78 $44.81 $..... $".1" $...... $13.77 $".'" ....... $40.80 $........ $....... $1040.30 $14D.30 $100.11 $180.18 $2...... $2...... $201.77 $2....77 $341.'7 $341.57 $74.72 $"'.7. $131.112 1155.80 "..... 1204.58 $213.03 1280.25 $211.41 $311.88 1327.32 $SS2..0 $SS..21 $447.83 '1 .. "si.~44 .~.d t?.o:f :l41..lf. .'.',"",'. ."".,',." ':"'.":1382.011.: :;$4401 '.<: : .....oti. ,'..":""'M1.R' .'.'.-.'".'...'.'..,.,...,','...........'.-' .,::?......,7li: .'.;.."...........':'.':';.'. ':':<".llI71'.B. .":..,y..:,..-,..'....,',."'.',. ""(O?"7,t.' ..'.',--'''.'' ''',.'','' .t..it?1C) ;.:.,: :.,,0.1.:': -... >-- ---------,.._._~- ALE: CVCe03LF 7-14-03 RATE NO. .0'YI_1 LEVEL 'ON' PrU MlM"U" RAlE 3 1 "0 ~AXJ"U" RATE 3 1 30 ;_.~NI..U.. RATE 3 2 7a "AXJ"U" RATE 3 2 7a MlNMU" RATE 3 3 117 MAXJ"U" RATE 3 3 117 /-Ml_~MU" RATE 3 " 158 MAXI"U" RATE 3 " 158 utNMU" RATE 3 5 105 ~~M.!-'~':'~_E 3 5 ~~ utNMU" RATE 3 6 234 MAXI"U" RATE 3 6 234 MlNlMU" RATE 3 7 273 MAXJMUM RATE 3 7 273 MlMMU" RATE " 1 112 MAXIMUM RATE " 1 112 MlMMUM RATE " 2 104 MAXJMUM RATE " 2 104 r.~_~_..UM RATE " 3 158 MAXJMUM RATE " 3 158 -"'MMUM RATE " " 20a MAXlMU.. RATE " " 20a .......UM RATE " 5 280 MAJCI..UM RATE " 5 280 IMN"UM RATE " 6 "12 MAJa"UM RATE " 6 "12 n___.____ _MlM"UM RATE " 7 3M MAXI..UM RATE " 7 3M :>0 --l --l :>0 n % 3: ,.." :z --l o :z ,.." """'- W , '-> EXISTING WASTE RATE AT a 30-03 ADO -- -..... ..' .o.aa "'i'>'f~;lIlt ";>;1"");&( " .07 .--,--..,.....'..,..'....'.,... ;;;.~...~... tl .53 . 'll~;. " .7a ;;......b.s $2 .00 .... ........ ......,.$""1<'"',. '2.88 .,........Silt:llO. $2.70 ;..$891:",1 '3.1 2 ;Sa.C27. '3.4. ;,..,....'h1:il.f $3.83 >;~ri.:liO $4.32 ;{,'$e5ii;li.. $4.47 ;s09il)., $5.23 ."...........--..... t}l~;Tt 'UI .;.~tt:t!,.,. tl .1 5 $itr);.; '1 .40 --,--.-....--.......--. ......... "$fJlO" '1 ", "'j .03 'i..;.4tllc"Jf $2.25 .;....ill2li.llt.' $2 .75 .lIOtJiIl) '3. 1 5 ....$i.iiM '3.7a ...----..'.."--...,.. ... $iilii\)i4' '3.00 ;"'':-.IOtli:",. $4.78 ......--..'.--...--..--. .'.;.11$0".... $4.811 ,fhoHl! ....2 ;,ft..:lM! 'a. 1 5 "~'~ ....5 '~CllM,l!(i '7. I 0 CITY OF CHULA VISTA RATE TABLE EFFECTIVE 7-1-93 COMMERCIAL RATES _~"J ..-- ....iTt!: U"'A. 8-30-8 . .. LANORLL INCREASE BASED ON % OF COMPONENT - NOT RATE COMPONENTS RATE MOOlRCAlIONS '''ANCHia. OTHE" I.AND"'U FEE I FMeCH. FEE ..... "ATE.'-: AnI IINCIIIF.AaE I"lEI. COST INCREASE .. NEW NEW RATE COMPONENlII ..... WASTE F""NCHI.I! I LAND"u..1 OTHI:" - RATE AT FEE ..... UTI! MTE ......... 7-1-83 $1.44 $28.11 $2.40 $1.44 $28.11 $2.40 $2.l!UI $'2.22 '4.10 $2.88 $52.22 '4.10 $4.33 '7..33 17.10 $4.33 $78.33 17.10 '5.77 $104.44 '0.50 $5.77 $104.44 '0.50 $7.21 $130.55 $11." -$?~~ c!'-3055 $11.88 $8.G5 $158.88 $14.37 $8.85 $158.88 $14.37 1--"0.0. $1112.77 $18.77 $10.09 $182.77 $18.77 ....87 $18.48 $28.01 .3\.... $30.22 $47.32 $52.22 ....04 ~...20 $70.111 $80.30 $82.43 $gft.44 $M.07 $188.77 $13.27 $47.14 $1De.3e $202.00 $18.08 $47.14 $138.87 $201.77 $23.22 $84.28 $174.27 '337.43 $28.85 $84.28 $218.~ '402.54 $32.04 $141.42 $229.0S _~504.28 $40.13 $141.42 $322.71 "3'.7. $42.84 $188.58 $304.58 $SOS.04 '47.35 $nS.58 $350.12 $880.75 $53.22 $235.70 $370.83 $731.37 $58.20 $23S.70 $437 .'!..~ $828.32 $85.D2 $282.84 $470.58 $S55.10 $68.06 $282.84 $504~.!. $1.001.04 $70.l5G $320.90 $501.39 $1.034.18 $82.30 $320.OV $821.90 '174.80 $74.89 $140.30 $1 40.30 '224.0. $224.08 1200.77 '200.77 $373.48 $373.48 $448.18 $448.18 $522.85 $522.85 1t00.30 $138.87 $174.27 '21 e.30 $228.0S '322.71 '304.50 $350.12 '''7'''3 $437.48 $470.5& $504.28 $501.30 '&21.00 ao... al.071 al.53 at.7.' a2.00' a2."" a2.70 -a".12 a"..... a".a3 a4.32 - a4.47 a523 a5.41' ttli'.,:i:4 .......1230.111" .............----.--.. .... .,SllCi~i4' ..,:,..::...........:.'.'.:.-...:.... ""*55' ....... .. ':C";::;;:. .. . . .~. .,.:: "..--....--... "--.--""""""" . ....-2.... ":;;:44 :. . .w.7i" ..-. .. .......11.."f. .s, .....--.""......--. ...... .....--... ...... .. . ....... S1.5.0t.. ..'::' '..71J1t.. ..1 00$.<10 '...-0:10.40', .i.P5..... '41 o;lll..4..ti -'-;.~- ....... ..... -- '20." '20." "0.00 $50.00 $80.84 $S8.84 '''0.70 $118.78 $148.74 $148.74 $170.80 $170.80 $208.83 '200.83 '30.03 '30.03 '70.88 $78.88 $110.78 $118.78 '150.72 "50.72 "00.85 '100.85 $230.58 '230.50 1270.51 $270.51 .' '21..7a $17.41 '02..' $138.40 1283.7. '20.00 $82.8S $178.84 '300.73 $28.42 $125.71 $214.150 $427.87 $34.03 $125.71 $287.83 $528.12 $42.11 $188.58 $208.45 $800.88 $47.80 $188.58 $3&4.30 $721.40 $57.41 $251.41 $412.58 $782.02 ....... $251.41 $440.98 $818.44 $73.08 $314.27 $531.08 $835.10 $74.42 $314.27 $548.48 $1.115.82 $88.81 $377.12 $849.00 $1,118.05 $03.50 $377.12 $705.33 '1,313.10 "04.51 '430.00 1750.70 '1,373.10 $100.28 '430.00 $823.83 '1.02 '34..1 '3.10 '20." '00." '138.40 - au !II ~ :':"llt~: $1.02 $34.111 $3.10 124.1. '00." '170.04 al.40' ~;;W '3..' ....83 $8.38 '3'..' "00.'. $214." al.03 $.aKiii' $3.S5 ....83 $8.30 $40.42 $1OV.18 '287.03 "225 ijilii8ill $5.77 $104.44 $8.58 $51.89 .no.77 '200.45 "2.7'" ..{j.....idil "".1"' mnll $5.77 $104.44 '0.50 $57.38 $208.77 '_.30 ::::;:::::. , ,': ::~. ;: $7.80 $130.25 $12.71 $70.10 '_.30 $412.51 "".7a ....tt..iiiiii ','.''''''''''--,--','' $7.89 $ 130.25 $12.71 '73.42 '300.30 $440.05 "".05 ;"$OiM'it $9.81 $174.07 $15.07 $80.De $407.05 $531.08 a4.70 .ll.li:iiCi $0.81 $174.07 $1 5.07 '00.40 '407." $545.40 a4..a .....tti:tii' $11.54 $208.88 $UU7 "07.07 "07.54 ....0.00 . "5.82' .l~;iii " 1.54 $208.88 $10.17 $112.78 '''7.54 $705.33 aa.I!II ,r...iI:4i $13.48 '243.eo '22.30 $1 2...7 'e07.13 $750.70 atl.a5 ,r/ll!s,eli' $13.48 $243.88 122.38 $131.84 "'7.13 $823.03 a7.10 il:Miili, ALE:CVC893LF 7-14-03 CITY OF CHULA VISTA RATE TABLE EFFECTIVE 7-1-93 COMMERCIAL RATES _1"1 ..._. . ""LANDALL INCREASE BASED ON " OF COMPONENT - NOT WAITI! RATE COMPONENTS RATE ..OOIFlCAll0NS RATE.T fRANCHISE OTHIER LANOFU,L FlEE nwrtCMI. 8-$0 OS FE! _,... RATE." ADI lINe..... fEE COST INCREASE "" NEW NEW RATE COIllPONENTI .... WASTE '-RANCHIB! I LA"DALL I..ontf" ..- RATE AT FEE _.... MY. MY. -.- 7-I-lIS RATE LEVEL EXISTING WASTE _ NO. WKL~J __I RATE AT .......- BINS "'U 8-30-8S ftAIIUDI .......U.. RATE 5 1 85 "AXI"U" RATE 5 1 85 "'''MU'' RATE 5 2 130 ~~_~~RAJE 5 2 130 MtMMU"AATE 5 3 185 MAXlMU" RATE 5 3 1.5 ""MU" RATE 5 4 280 -- ..AXI"U" RATE 5 4 280 ...~_~~_'!~~'!! 5 5 325 ..~.MUM_~AT~__I-.-_,~.J___._5. ~~ ...~~.!'!'_'!~!E_ 5 6 ~ MAXlIIUM RATE 5 6:t80 .- .......U.. RATE 5 7 .55 ..AXI"UM RATE 5 7 .55 MI""U" RATE 6 I 78 "AXI..UM RATE 6 1 78 .......U.. RATE 6 2 158 ..AXI"UM RATE 6 2 ",e .......U.. RATE 6 3 234 MAXlIIU" RATE 6 3 234 MI""UII RATE 6 4 S'2 ..~~~~ RATE 6 4 SI2 "'MMUM RATE 6 5~ -- --. -.. MAXlMUU RATE 6 5_ ""MUM RATE 6 6 .... MAXIMUM RATE 6 6 4'" ",,,MUII RATE 6 7 ...8 MAXI"U" "ATE 6 7 548 > ....... ~ ~ n ~ \ g ~ o :z ,..., $281.15 $21.34 $78.57 $188.24 $322.81 $25.89 $78.57 $218.55 $411.18 $31.54 $157.13 $277.08 $525.49 $41.82 $157.13 1328,54 $680.20 $54.14 $235.70 $390.44 $689.83 $54.90 $235.70 $399.23 $8.1.33 '71.41 $314.27 $511 .455 $030." $74.08 $314.27 $542.55 $1,107.47 $88.14 $392.84 $8245.50 1--$!.223.~ 1--....7~0_ ~~~.:..S_4 1--_$733...:~ $1,322.452 $105.28 $471.40 $745.SHI $1,4S0.33 $117.81 $471.40 $801.12 $1.505." $12..2. $549.07 $....12 $1,4510.81 $128.81 $548.07 $940.04 $2.40 $43.52 $S." $2.40 $43.52 $3." $4.8t $87.03 $1." $4.S1 $87.03 $7." $7.21 $130.55 $11.ga $7.21 $130.55 $".8S f---~.c~ $174.07 $15.07 $0.81 $174.07 $15.87 $12.02 $217.58 $10.07 $12.02 $~17.~_ $10.87 _$~"'E f-~281.10 $23.M $14.42 $281.10 $23.SHI $18.82 $30'.82 $21..5 $18,S2 $304.82 $21..5 ::~ :n..:t~, $1 .4' '(i'~l,a!i: $' .71 _do. ..._,_.._.'.' .;"''''._,..,-''.-''''.' (..,4fllii>>: $2.48 ...,. .'~1S' $2.78 \t:t;.5f.~':.\; $3.54 .-.--.- ........,.._" ,.,.""'.....e,2:f $3. eo ..(','~....iiMi. $4..7 '. $920 ". :::::::::::~O4:: $4.88 /S1.','lotitf $5.7. ',' .t ",,:1Ii $..40 ,""'I',.$,lIi7$' $8..1 ,I.ri:M $1.15 liim.i84. $U8 dlfioli;M $8.'5 $311.45 $25.28 $.4.2. $1.1." $382.44 $30.'S $84.28 $251.13 $583.70 $44.87 $188.58 S33O.38 $813.88 $48.S5 $....50 $378.47 $005.'S $&4.08 $282.84 S'58.22 $855.01 $811.04 $2.2..' $50'.13 $1,041.81 $S2.GO $377.12 $581.50 $1.....118 $8.... $311.'2 $.53.43 $1,281.44 $1~1.ga_ J471.4C!- ~708=--O!'~ $1,424.44 $113.38 $471.40 $830.87 $' .538." $122.25 $505.88 $84S.13 $1.780.24 $140,OS $585.68 $1,054.48 $1,810.41 $144.08 $85G.M $1,008.38 $2.043." $152.Sit $859.SHI $1,220.53 .,g.'i:,in: $' .87 /$38Oi., $2 .03 -,-,..,...-...-.'.-.'-" (i$lMIO:all. $2." {:,iitoillll $3.22 i?,&oil:... $4.1 . ?,:..'$1I5O'i$.t. $4.41 .ni$liili $5.4' ?{dll:" $5.84 ? sllit...dii $8..5 .+.,t;iiCi, $7.44 .i5ri;1iii $1. .1 ",1"1..,, $0.21 i!iili,'jj'i; $0.40 Jil9..1ijl $1 0." $2... $52.22 $'.7. $2.S1 $52.22 $4.7. $5.11 $104.44 $..50 $5.77 $104.44 S..50 $U5 $158.118 $14.37 $U5 $158.845 $14.37 $11.54 $208.88 $10.17 $1'.54 $208.88 $1..11 1---~...'2_ S2_45!:! ~_ ~2~"-~ $14.42 $281.10 $23.M $17.30 $313.32 $28.75 $'1.30 $313.32 $2S.75 $20.10 $385.54 $33.54 $20.18 $3fJ5.54 $33.54 $25.33 $'24.4. $.....24 $28.811 "24.40 $2".55 $'5.53 $2....7 $211.0. $48.S0 $2....1 $32..54 $88.12 $313.48 $300.44 $88.S8 $373.48 $_.2S sa7.38 $407.85 $511.85 $va.oe $'.1.11!1 $542.55 $101.10 $822.43 $828.50 $111.37 $.22.43 $133.... $128.22 $148.02 $145.08 $141.78 $7".02 $801.12 $'54.1. $87l.41 $....12 $158.88 $81l.4' $...... $30.05 $1'..38 $'07." $35.22 $140.31 $251.13 $54.'5 $2".11 $S3O.38 $511.44 $208.11 $31..41 $78.45 $_..5 $450.22 $82.42 $448.'5 $!I04.1S $102." $"1.54 $50.... $10..27 $"7.54 $853.43 $125.04 $148.02 $70.." $137.32 $1".02 $830..7 $.51.00 $8M.31 $8....S $188.S3 saas.31 '1,054.48 $177.82 $1.045." $1."'.38 $108.13 $1.045." $1.220.53 ._-..,-.-':....,-...."..-:-'-:-:.:':--_.,' ...... ""0'''' ::::::::::::"f":,:-~"', ,;,.::: ."-.-.--...-......,-,.'..-". ..... '-I~ ;::::::::::'-~;::..:: ...'.._..'_-.-.-s.',',...,.........-_.... ",'.' .!WI....., :::t:r,iii,C,,:: . . 0:16.,"" .01lt.3', ..125.'" ,. ".851:27' "$1'487.,"' . St e.',2$" :,.. 172.C18'. .tn'w,os' ".' lie03.~ $~;if illiiiliiM' ,'...\......ill6:4If: """,'iilciill:1': IlliMiili3' 1: '.' iiiti' ("',.':.....'...,:.& let.ili: ., .,.:.,. '.,'.ii.ll' Jil;,,!!:..? nm:~, 1~"; . . I!Nnll1! OATE -- $4...1 $40.81 $....S $".83 $140.74 $149.74 $180.85 $180.85 $24g.58 $248.58 $2..... $2911.48 $34..3. $34..30 $SO." $SO." $11..1. $11"-1. $17.... $.1.... $230.50 $230.50 $2..... $2DSJ.48 $S".31 $358.37 $4'0.21 $410.21 ALE: CVR.93lF RA 7-20-03 .. LANDFILL INCR EXIIITING UNAOJUSTED WASTE ADO WASTE RA RATE AT SETTlE"NT RATE AT FRANCHI 0-30-05 YEAR 2 ...OJ 8-S0-.5 fEEII.O COLUMN: IA} ,., 1".81 'C} RESIDENTIAL UNITS: 10.0'EI SINGLE FAM'lY I$Hit!!1 SO.ll I I $11.2~_ SO.8 wm ,*rrs AFl'EAOME EACH .ADD1"IOMAl ","IT ~~:<$$_~~J SO.081 $8.44 SO.6 TRAILER PARKS & MOTELS (CENTRAL LOCATION): MINIMUM PER MONTH $19318 SO.21 $20.19 $1.6 lWO TI MES WEEKLY $1114 SO.08 $7.82 SO.6 $\152 SO.09 $9.61 SO. THREE TIMES WEEKLY ':{; -~: ':: FOUR TIMES WEEKLY $lliltl SO.11 $11.29 SO. DAilY PICK UP I. TlMESl $tli}fili SO.13 $12.79 $1. TRAILER PARKS (INDIVIDUAL CAN SERVICEI PER UNI ONE COllECTION WEEKLY l$Ili:!$1 SO.081 I $8.441 SO. lWO COllECTIONS WEEKLY $'lQ';'t!/1 SO.ll I I $10.901 SO. SENIOR .YELLOW BAG' PROGRAM: 2. 8AG PURCHASE J4.4Alll tf4. ~1-~' II 1...0 PU"C~~~.~I!UV!"!O T~HOMI! J}1~~~t~] _ $44~65 m _$3. COMMERCIAL AND INDUSTRIAL: UP TO 121 40 GAL CONTAINERS ONE TIME WEEKLY $1~' SO.12 $12.37 SO. ...-. ... lWO TI MES WEEKLY $2liinu; SO.22 $22.22 $1. THREE TIMES WEEKLY $32(1l3 SO.33 $32.76 $2. CITY OF CHULA VISTA TE TABLE EFFECTIVE 7-1-93 RESIDENTIAL RATES EASE BASED ON % OF COMPONENT - NOT COST INCREASE.. NEW RATE MODIACAllONS NEW RATE COMPONENTS ..... WASTE ENTIRE OTHER LANDFILL FEE FRANCHISE OTHE" SETTLEMEH RATE AT RATE AA,. ./1I2...0J llNCI'IEASE 'EE RATE YEAR 2 AOJ 7-1-.' IlClJACATlOM '0' IE' '" '0' ,C} '" ,E' 1-81 VI ~-AI IO.F+G! IC+I+IE-a, $3.70 I $6.70 I SO.11 L~ SO.89 $5.85 $6.70 SO.ll $'13)33 $2.15 $3.70 $4.08 SO.11 $2.04 SO.67 $5.85 $4.08 SO.08 $'lQiSf $2.15 'E ~ ~ o $3.70 $14.89 2 $3.70 $3.51 76 $3.70 $5.15 89 $3.70 $6.70 01 $3.70 $8.08 IP I ...0 )> T: 67 86 SO.ll $2.04 SO.ll $2.04 SO.ll $2.04 $0.11 $2.04 SO.ll $2.04 I---~~fff=:~ ~1~}:~:~:~::~~1 In ::llF~r:~ 98 $3.56 $7.83 76 $6.38 $14.08 59 $9.41 $20.76 SO.10 $1.96 SO.19 $3.52 SO. 29 $5.19 $1 .60 $5.85 $14.89 1~.211 $22113 SO.62 $5.85 $3.51 ISO.08 $iU!9 SO.76 $5.85 $5.15 (SO.09 $tHet SO.89 $5.85 $6.70 ISO.l 1 $1It~ $1 .01 $5.85 $8.08 ISO.13 $'li!';!!1 (SO.08)$1:$1 SO.11$1:!\94 $2.15 $2.15 $2.15 $2.15 _$2.15 $2.15 ---..----- $2.15 r~:t54l1 $8.40 ~!!,9~. IH$8'-40 SO.98 $5.63 $7.83 ISO.12 $14\$li $1.76 $10.09 $14.08 ISO.22 $li5';71 $2.59 $14.90 $20.76 lSO.33 $3t;9li $2.07 $3.71 $5.49 FILE: CVce03LF 7-28-03 RATE LEVEL w , .D iN MlNUUW RATE MAXIMUM RATE MtNMUY RATE MAXIMUM RATE MINMUW RATE MAXIMUM RATE NlMMU.. RATE MAXIMUM RATE MINMUM RATE MAJQMUM RATE MlMMUM RATE MAXIMUM RATE MlNNUW RATE MAXIMUM RATE NO. WKLV! ,_I 81N8 P(U,.J ...~J 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 3 3 4 4 5 5 6 6 7 7 EXISTING WASTE RATE AT 8-30-03 .3 13 28 25 30 30 52 52 55 55 75 7. O' O' risi$lJ~; ...----...........,'-..". /u.'M~f' ~tt~:::_,'.di<~5:: ....-.-.-.-.-..-'--.-.... ..... ".--..-----... "/$1.~,n.' ................",..... ...... ....-'-......'. :t/t.,,!ii(J;.iit:f """stl'li;Il4' /."St'98:0& ".:.c2 ':.cO' """". 32,,,,,. '."i.~iiiJ.' '/siJ\iHo SilliG? .......sJiiJilri.. if/saMi. .....'.'.......".... ......-....-...-....---..--.. ....SilO. .~. "'111'" ....., ,. ...... .. ':':':':::'" .....-... n':' ..,. "'11~['" YEAR:rAD.l $0.34 $0.40 $0.57 $0.68 $0.79 $0,95 $1.04 $1.24 $1.28 $1.52 $'.53 $1.84 $1.82 $2.14 CITY OF CHULA VISTA RATE TABLE EFFECTIVE 7-1-93 COMMERCIAL RATES UNAD.lustED WAITE .. LANDFILL INCREASE BASED ON % OF COMPONENT RATE COMPONENTS RAn: MODIFICATIONS RATE AT FRANCHISE LANDfIll OTHER LANDf1ll fEE . 3O-D3 fEE 8.0'4 .." RATE efWZADJ INCAEA. $64.23 $5.11 $15.71 $43.41 $0.48 $8.70 $74.91 $5.96 $15.71 $53.23 $0.48 $8.70 $108.53 $8.64 $31.43 $68.47 $0.96 $17.41 $127.39 $10.14 $31.43 $85.83 $0.96 $17.41 $151.28 $12.04 $47.14 $92.10 $1.44 $26.11 $179.49 $14.28 $47.14 $118.01 $1.44 $26.11 $199.10 $15.84 $62.66 $120.40 _$1.92 $34.81 $233.82 $18.61 $62.86 $152.38 $1.92 $34.81 $244.76 $19.48 $78.51 $146.71 $2.40 $43.52 $288.31 $22.04 $78.57 $186.79 $2.40 $43.52 $292.70 $23.20 $04.2' $175.12 $2.88 $52.22 $348.71 $27.75 $G4.28 $226.67 $2.88 $52.22 $346.81 $21.60 $110.00 $209.21 $3.3e $60.92 $405.41 $32.26 $110.00 $283.15 $3.36 $60.92 ..NIIIUM RATE 2 1 25 slNN# $0.61 $115.32 $9.18 $31.43 $74.72 $0.96 $17.41 .,--.--.--,..,.."".., MAXIMUM RATE 2 1 25 .."$11i7:!ii $0.74 $138.22 $11 .00 $31 .43 $95.79 $0.96 $17.41 MlNMUM RATE 2 2 52 .. .$2.6i,,9 $1 .11 $21 1.50 $16.83 $62.88 $131 .82 $1.92 $34.81 MAXIMUM RATE 2 2 52 :"2~J6 $1.25 $231.35 $18.89 $62.86 $155.60 $1.92 $34.81 --..,--".,',.....--',.. "MMUM RATE 2 3 7' :'$""iOll $' .48 $~-~,:,!~ $22.5e $G4.28 t--~~,~-:,~- ___$a.! 1-$5222 -- n'n - MAXIMUM RATE 2 3 7. """3tii,iXi.' $1.7, $324.71 $25.84 $04.2' $204.59 _$_2.88 $52.22 .'.'.;:.;:.',............,',.... MlMMUM RATE 2 4 .04 ;;:;: $3Oijih.; $1.92 $368.03 $29.29 $125.71 $213.03 $3.85 $69.63 MAXIMUM RATE 2 4 .04 :" iiill1Hil $2.20 $419.33 $33.37 $125.71 $260.25 $3.85 $69.63 '.","","'''''''''''''' MlMMUM RATE 2 5 .30 ',,'i!ttl,r $2.40 $460.17 $36.62 $157.14 $266.41 $4.81 $87.03 MAXIMUM RATE 2 5 .30 triJ:i~i.t $2.67 $509.57 $40.55 $157.14 $311.88 $4.81 $87.03 ....',',".....,...".... MINIMUM RATE 2 6 .5<1 '$lI!ttlllll $2.92 $560.48 $44.61 $188.58 $327.32 $5.77 $104.44 MAXIMUM RATE 2 6 .5<1 ~~fr(iitj~iio.:: $3.26 $620.78 $49.40 $188.57 $382.80 $5.77 $104.44 MlNMUM RATE 2 7 112 *ll!tti$t $3.45 ~.79 $52.59 $219.~~8.21 $6.73 $12~:~~ MAXIMUM RATE 2 7 112 ...*iidl~ $3.81 $725.35 $57.72 $219.aD $447.83 $6.73 $121 .85 ~.Gl tal I lESS NEW WASTE RATE AT 7-1 -83 NOT COST INCREASE .. NEW RATE COMPONENTS FRANCHISE LANDFIl.L OTHER FEE AATE RATE lEI1lf.ENI ""'AR2ADJ $5.11 $24.90 $43.41 fSO.34 /{:::~:~n:.7$jll$': $596 $24.00 $S3.23 /$0.40..,,&:1;69 $8.64 $40.'0 $".47 1$0.57' """.$126:$3 $10.14 $49.80 $85.83 1$0.II8J'.$1'15:08 $'2.04 $74.50 $92.10 "0.79t '$,t".04 $14.28 $74.89 $118.07 -a().05 ::\\\$206,09 -f,::~ :::: ::::: ~~;~E~:; $19.48 $124.49 $146.71 t!.1.28 .({($2:$$t46 ::::: :::::: ::;::: ~:~;:if f--!.27~~_ --.!!4030 _$g2"-,~ __~;"J.40r.Ol $27.60 $174.28 $200.21 1.82 ......,...;..4011...:1 $32.25 $174.2' $253.'5 "2.14 "":::':::'$iiiii;~ ENTlflE RATE L!~'~~ $9.18 $9.18 $18.37 f--~ -1?~55_ $27.55 n$36"~ $36.14 $45.92 $45.92 $55.10 $5S.10 $64.29 $64.29 $9.18 $49.80 $11.00 $49.80 $16.83 $99.59 $18.89 $99.59 __~~_2~,:~_ ~~.~~.3~ f--.-!25.'4 $140.30 $29.29 $199.18 $33.37 $199.18 $36.82 $248.98 $40.5S $248.De $44.61 $2G8.77 $49.40 $298.77 $52.59 $348.57 $57.72 $348.57 $74.72 "0.81 ,,::;;,,3$;08 $11.37 $95.79 ~.74 :::::~:n:.ffW5;I,5:: $18.37 $13...2 "1.11 ...,......."4ii!,,. $35.74 $155.50 '" 25 ,....'N2ilii&$ $35.74 $''',~ i-[$1.48),..n'''.mco& $55.10 $204-50 -"'71JPDfs.r..lO ~ $5510 :~::: ~::=~~t :~::; $285.4' 1t2.40 ":iQilOJlO' $01.54 :::~:: ~::=;l $~~~:~ $312.80 /$326 """"\##\1(1.' $110.2' __.$388.21 ~3.451 f\fitiitfi' $128.58 $447.53 1<3.61 {.8"'1;,2' $12.... ALE: CVce.3LF 7-2a-93 RATE LEVEL l I- v.> - , t.J) r::. MlNMUM RATE MAXIMUM RATE ""MUM RATE MAXIMUM RATE "'N..UM RATE MAXIMUM RATE .......UM RATE MAXIMUM RATE MlMMVM RATE MAMMUN RATE MI..MUM RATE MAXIMUM RATE ""MUM RATE MAXIMUM RATE NO. 81N8 w",vl ._1 PfU..JMOfIJ EXISTING WASTE RATE AT 8-30-83 "fOii,", .................,..:-'...-.'.._-...-,....-... r$~M;~.. .....-.....,.,.:.:.:.-.,....,........'....-'.. ::::t~t'2.~il..:: .......".--....--...... .......,.....,-----...... r:.....n~;~s. ...,.-,..,.....,-....-"-'...'-. ........:a."!l>\~$. ts$ilIi,;f sliiildii! ...s~Klii ......."(lijikH ......"nl:5... ts~.:@i .,..0.....'-,............. $ii$i\ii """"""".---,.---.. rt'.,l~jt... "__,n'",_,"""""'_' tjil!l\lii\t:!. "'" .rl~EItI ftA"l!AD.I $0.8e $1.07 $1.53 $1.78 $2.09 $2.86 $2.79 $3.12 $3.48 $3.53 $4.32 $4.47 $5.23 $5.41 MINIMUM "AlE 4 1 52 ...tiii'#ilt; $1 .15 MAXIMUM "AlE 4 1 52 .'iltiilliiiK S1 .40 .....,....,.,--...--.... IIINIIUM "AlE 4 2 ~ ))."j:l$t;llii.' $~.:~3 .4lI!1l42'. MAXIMUM RATE 4 2 1 04 .,... --.. $2.25 ':::=:::='='.. ..: ': NlNMU.. "AlE 4 3 1 58 W.u<i!$i $2.75 MAXIMUM "AlE 4 3 1 58 .sOii$f $3.1 . "NMUM "AlE 4 4 201 .. '$1Ji!(lii $3.715 """.'.','.'.'.'."',"',"','" MAXIMUM RATE 4 4 20a Is,"!oii $3.08 MlNMUM "AlE 4 5 280 II$IHiI!Oll $4.79 .,.:..',.:.;.;.:.;.:.'.'.'.','.',','.'., 4 5 ...........$9:i(i'jf $4.88 MAXIMUM "AlE 280 ::=:=:=:t: ......~ .:} MlNMUM RIllE 4 6 312 ..iHliHai $5.82 MAXIMUM "AlE 4 6 312 }:i~}i~~ia:j $15.15 "NMUM "AlE 4 7 384 .l$il!!~ $8.85 MAXIMUM "AlE 4 7 384 .l~;\Xi $7.19 3 3 3 3 3 3 3 3 3 3 3 3 3 3 1 3. 1 39 2 7a 2 75 3 117 3 117 4 15a 4 158 5 '.5 5 19' 6 234 6 234 7 273 7 273 -~ ENTIRE RATE ..OOInCA1>l;IH $27.55 $27.55 $55.10 $55.10 $82.M $82.86 $110.21 $110.21 $131.7e $137.7e $165.31 $165.31 $1M.ae ~192.ae $38.74 $38.74 .~?~~!. $73.47 $110.21 ~~~ $146.~ $148.94 $~~~.88_ $183.88 $220.41 $220.41 $257.15 $257.15 CITY OF CHULA VISTA RATE TABLE EFFECTIVE 7-1-93 COMMERCIAL RATES ._l"" ............D WASTE RATE AT 8-30-03 FRANCHISE LANDFill OTHER FEE ..0'" RATE "ATE .. LANDALL INCREASE BASED ON % OF COMPONENT - RATE COMPONENTS RATE MODIFICATIONS NOT COST INCREASE .. NEW NEW RATE COMPONENTS lEIS WASTE FRANCHISE I LANDFILL I OTHER IllIlDltM' RATE AT FEE RATE OAT' '{'fA"'ZIIDJ 7-1 .3 $166.77 $13.27 $47.14 $108.36 $202.09 $16.08 $47.14 $138.87 $291.77 $23.22 $94.28 $174.27 $337.43 $28.85 $94.28 $216.30 $402.54 $32.04 $141.42 $229.08 $504.26 $40.13 $141.42 $322.71 $535.78 $42.64 $188.56 $304.58 $595.04 $47.35 $188.5e $359.12 $668.75 $53.22 $235.70 $379.e3 _F31.37__$55.:!"- _$235.7."_ -.!437.4' $828.32 $65.92 $282.84 $479.58 $855.19 $68.06 $282.84 $504.29 $1,001.04 $79.&6 $329.99 $591.39 $1,034.18 $82.30 $329.99 $621.90 $218.76 $17.41 $62.85 $138.49 $263.78 $20.90 $62.85 $179.Q4. _$389:13 __ $2liJ.42 $125?1 _~~~4;..~_ $427.87 $34.03 $125.71 $267.93 $529.12 $42.11 $188.5e $298.45 _ S8OO.66_ ----'47.8~ ~!~ -L~.30 $721.40 $57.41 $251.41 $412.58 $762.02 $60.64 $251.41 $449.VfS $918.44 $73.09 $314.27 $531.08 $935.19 $74.42 $314.27 $546.49 $1.115.92 $88.81 $377.12 $649.99 $1,176.05 $93.59 $377.12 $705.33 $1,313.19 $104.51 $439.08 $768.70 $1,373.19 $109.28 $439.98 $823.93 LANDF1ll FEe ..AOJ I..CAEASE $1.44 $26.11 $1.44 $26.11 $2.88 $52.22 ~~ $52~ $4.33 S78.33 $4.33 $78.33 $5.77 $104.44 $5.71 $ 104.44 $7.21 $130.55 _$7,~.... $130.55 $8.65 $156.66 $8.65 $156.66 $10.09 $182.77 ~.5l.09 $182:?~ $1.92 $1.92 $3.~~. $3.85 $5.77 $5.77 $7.69 $7.69 --,_..61 $9.61 $11.54 $11.54 $13.46 $13.46 $34.81 $34.81 _.~15_g,153 $6G.153 $104.44 $104:~~ $139.25 $139.25 $174...1?~ $174.07 $208.e8 $208.88 $243.69 $243.69 $1 3.27 $74.69 $1 06.38 1S0.55 t.,lit,". $16.08 $74.69 $138.87 ISl .07 rr'.$i!2i!i"7 $23.22 $149.39 $174.27 ISl .53) $34,,(3' $26.85 $1 49.39 $216.30 ISl .75 *mit. $32.04 $224.08 $229.08 1S2.09 ........,.$...."At. $40.1 3 $224.08 $322.71 1S2.OS :"$i!iii4;li5 $42.64 $298.77 $304.58 1S2.7. '.:.ii4&lio. $47.35 $298.77 $359.12 1$3.12 :"102I1li. $53.22 $373.46 $379.83 1$3." r'..'$5(l:tOS $55.20 $373.~~ $437.48 ($353) ..r.$ile5:29' $65.92 $445.1a $479.58 /'4.32 '{{,'$get:.,' $68.06 $448.1 5 $504.29 1S4.47 .,iA,iI:oil' 1S523 ...--.-------"..",. $79.66 $522.85 $591 .3. ..jiiiii;,lIt $82.30 $522.85 $621 ... 1S5.41 .'.filiHi\1.4 $17.41 $99.59 $1 38.49 ISl.1 .' 'i!~:$1 5 $20.GG $99.59 $179.Q4. 1S1.40 ::,liiliiiii ____~~~.04_~ ~~_SKl.1~ - $~~-~ _.1$....3) ril.iih.i $34.03 $199.1 5 $267.93 1$225 r"~lNica9 $42.1 1 $298.77 $298.45 1S2.75\ ";.'MG:ilii $47.80 $298.77 $~.30 1S3.15 frs1li?iii.' $57.41 $398.38 $412.58 1$3.76' r'..:'$Il.:5o" 1$3.... I:'. .......... $60.64 $398.36 $449.96 II~.:... $73.09 $497.95 $531 .05 1$4.7.) .$+01#;3# $74.42 $497.95 $546.49 1$4.55 .l\h..~ $88.81 $597.54 $649.09 1$5.52 ii!SMJii $93.59 $597.54 $705.33 1S'.15 .................................. ::::'. :':~~4ilt' $104.51 $697.13 $768.70 1S5.55 Inl~,!w. $109.28 $697.13 $823.93 1S7.1. {j"ji<<i,l1ii' FILE, CVce93LF C ITY RAT E TAB L 7-28-83 C 0 M M EXISTING ~ADJU8fED .. LANDFIll INCREASE BASE WASTE "'" WAUl: RATE COMPONENTS RATE .0. W~~ :::J RATE AT wnu.aol AATEAT FRANCHISE LANDfill OTHER lEVEL ,,., PlU M 8-30-83 vu.A:rAO.l 8-"" 93 FEEe.o.. RATE RATE ",.MUM RATE 5 1 85 . Jll$1il'bt $1 .41 $268.15 $21 .34 $78.57 $168.24 ....-.,..-".-..-..--..,-,... MAXIMUM RATE 5 1 85 Jl!l!#'tli $1.71 $322.81 $25.69 $78.57 $218.55 .__H..,_................ .....,.....-.-.......--.-,-. 5 2 ............'460..00. ...MIIIUM RATE ''''' ....... .-. $2.48 $471 .78 $37.54 $157.13 $277.08 ':':'::::::::,---+ ..:: .......,.,..-.:.-.,.:.-.-.-...-.-.-.-,'....,... MAXIMUM RATE 5 2 ''''' it'sn;'t~ $2.715 $525.49 $41 .82 $157.13 $326.54 ......,-...-,-,......,....,--. MlNMUM RATE 5 3 '95 :tt?,$.$7:i#i( $3.~ ~~~ _~~'_1..~ $235.7!! ~90~ MAla MUM RATE 5 3 '95 ,.',iillli,llii $3.150 $689.83 $54.go $235.70 $3GG.23 MI,.MUM RATE 5 4 280 ti,.Iii,..!! $4.157 $897.33 $71 .41 $314.27 $51 1.155 MAXIMUM RATE 5 4 280 J~$." $4.M $930.90 $74.08 $314.27 $542.55 "MMUM RATE 5 5 325 iiliCiiW'i $5.78 $1 ,107.47 $88.14 $392.84 $626.50 MAJaMUM RATE 5 5 325 J.lit1Jii $8.40 $1 ,223.92 $97.40 $392.84 $733.&8 "",',",""'"'''''''' ""MUM RATE 5 6 390 it$tins $8.87 S1 ,322.62 $105.26 $471.40 $745.98 .."....,.....,....... MAJaIllUM RATE 5 6 390 :(jYh~12\Mi~: $7.75 $1,480.33 $1 17.81 $471 .40 $891.12 ""MUM RATE 5 7 455 .1lmiiliiI $8.28 $1,585.90 $126.21 $549.97 $909.72 MAJIIMUM RATE 5 7 455 Il.llw@iUj $8.45 $1 ,619.81 $128.91 $549.97 $940.94 MI..MUM RATE 6 1 7a ;;.#~iWiJ' $1 .87 $317 .45 $25.26 $94.28 $197.90 MAXIMUM RATE 6 1 7a , .~i%i# $2.03 $382.44 $30.43 $94.28 $257.73 6 2 sa ..........$llll<l......ji. $2.94 $563.79 $44.87 $188.58 $330.38 ""MUM RATE , ":'::':':"... .~lJ.;: MAXIMUM RATE 6 2 , sa .;t$..iCi,6il $3.22 $613.88 $48.85 $188.56 $378.47 ....,..,........,..,',. 6 3 ........MW. $282.84 MI..MUM RATE 234 ~,,:,,::a . ,,>, . :: $4.19 $805.13 $64.08 $458.22 MAXIMUM RATE 6 3 234 iiJlIiii!$4' $4.47 $855.01 $~.04 $282.84 $504.13 MI..MUM RATE 6 4 3'2 iiliiiii:tiI $5.41 $1,041.81 $82.90 $377.12 $581.59 ........,.,......,...... MAJIIMUM RATE 6 4 312 ;titiiiibl. $5.84 S1 ,119.68 $89.11 $377.12 $653.43 MI..MUM RATE 6 5 390 i),#;:/';iii $6.85 S1 ,281 .44 $101.98 $471.40 $708.06 MAXIMUM RATE 6 5 390 ifi4hiii\i $7.44 $1 ,424.44 $1 13.36 $471 .40 $839.87 "",::'::::""'::,:.':"":"",: ..MiliUM RATE 6 6 488 lei ilieloD $7.V7 $1,536.06 $122,2~ $5e5~~ $~~ MAXIMUM RATE 6 6 488 lt1iiliii!$ $9.21 $1,7eo.24 $140.08 $5e5.68 $1 ,054.48 MI..MUM RATE 6 7 548 ;ttJii!iii!i $9.40 $1,810.41 $144.08 $659.~ $1,006.38 MAlaMUM RATE 6 7 548 tiliiiki~ $10.89 $2,043.09 $182.59 $659.98 S1 ,220.53 OF CHULA VISTA E EFFECTIVE 7-1-93 ERCIAL RATES lJ.J , ..D f:1 D DN % DF COMPONENT - MATE MODIFICATIONS LANDFill FEE 8,/112,,0.1 IINCN:.o\8E $2.40 $43.52 $2.40 $43.52 $4.81 $87.03 $4.81 $87.03 -~!~ ~~~~ $7.21 $130.55 $9.81 $174.07 $9.61 $174.07 $12.02 $217.58 $12.02 $217.58 $14.42 $261.10 $14.42 $261.10 $16.82 $304.62 $16.82 $304.62 $2.88 $52.22 $2.88 $52.22 $5.77 $104.44 $5.77 $104.44 $8.85 $156.ee $8.65 $156.68 $11.54 $208.88 $11.54 $208.88 $14.42 $261.10 $14.42 $261.10 $17.30 $3~~~~~ $17.30 $313.32 $20.19 $365.54 $20.19 $365.54 NOT COST INCREASE .. NEW NEW RATE COMPONENTS .... WASTE FRANCHISE I LANDFill. I OTHER .Ir\BIIUII RATE AT FEE RATE RATE YeA"1!ADJ 7 , 93 $21.34 $25.69 $37.54 $41.82 ~4 $54.90 $71.41 $74.08 $88.14 $97.40 $105.26 $117.81 $126.21 $128.91 $124.49 $124.49 $248.97 $248.97 $~73.4e $373.48 $497.95 $497.95 $822.43 $822.43 $748.G2 $748.92 $871.41 $871.41 $11lll.24 $218.55 $277 .08 $32ft54 $390.44 $39Q.23 $511.85 $542.55 $828.50 $733.88 $745.98 $891.12 $909.72 $940.04 {:"sli'ii:lie ,.f..-. $3457.0. W'il;'~14 '::\$8107' i$8' .:so 823.99 .'$ t 078.... :.:$"109.72' 1"3$,,$" 1 447.12 $25.28 $1 49.38 $197.DO "1 .1fT ;H.$l!)ii~ "2.03 ...,....".....,.... $30.43 $149.38 $257.73 ,:~: '~:lft $44.87 $298.77 $330.38 "2.94 :;.;,liiEO$ $48.85 $298.77 $378.47 1S322 "i:iiiili $64.08 $448.1 5 $458.22 1S4.19 "fsliiMi,ll$ $68.04 $448.15 $504.1 3 1S4.47' '$iotiil!i $82.90 $597.54 $581 .59 1S5.41' ::it4iUUt 1S5.'4' .....,....,',..,"..'.... $89.1 1 $597.54 $653.43 J,$3.i':2io ....85 ...,.....,..,.... $101 .98 $748.$12 $708.08 $tll!lOi$t $1 13.38 $74fS.G2 $839.81 "7.44 $i6iliiiW ..... ,,,,. ~_ $122.~ ~~.3~ $848.1 3 J$!J71 $fe5i:t, $140.08 $8Q8.31 $1 ,054.48 1S92!l {f.t~().et)8" $144.08 $1 ,045.89 $1 ,008.38 1S9.40 fJii;1iJijii3 $162.59 $1 ,045.159 $1 ,220.53 I "'0.89 n;:4'i"~ ~. ENTIAE R"TE ll00flCAnOll $45.92 $45.92 $91.84 $91.84 ~137.7e $137.78 $183.158 $183.158 $229.eo $229.eo $275.52 $~~U52 $321.44 $321.44 $55.10 $55.10 $110.21 $110.21 $185.31 $185.31 $220.41 $220.41 $275.52 $275.52 $~0.82~_ $330.82 $385.73 $385.13 File No. PUBUC HEARlNG CHECK UST CITY COUNCIL PUBUC HEARlNG DATE SUBJECT Q.-.~ ~..... ~ ~V'h' ~ r X' oO^....... \..J...:I;..... ~\.t.-.. r LOO'fflOl4 ~........ ~,~.. t-' e...,-t, ~.. ,0' ~ c.. ~\ ~ ~f~.o tl-ou.....-. . j SENT TO STAR NEWS FOR PUBUCATION - BY FAX ~; BY HAND_; BY MAIL PUBUCATION DATE .., IIi 1"l3 I/2.iICj~ MAILED NOTICES TO PROPERTY OWNERS NO. MAILED PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122 LOGGED IN AGENDA BOOK 1/1'i19~ COPIES TO: AdministraOon (4) ,./ Planning v Originating Department Engineering 0/" Others City Clerk's Office (2) ./ .,11~/q.3 POST ON BULLETIN BOARDS SPECIAL INSTRUCTIONS: -62- 13 -/j NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing to consider the following: Consider rate increase for Laidlaw Waste Systems for pass through, costs regarding County Landfill Disposal Charges. i I If you wish to challenge the City's action on this matter in court, you ~ay be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, July 27, 1993 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: July 12, 1993 Beverly A. Authelet City Clerk J] //A NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing to consider the following: Considering rate increase for Laidlaw Waste Systems for pass through costs regarding County Landfill Disposal Charges. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, July 27, 1993, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: July 14, 1993 Beverly A. Authelet City Clerk /3--/) COUNCIL AGENDA STATEMENT ItemM Meeting Date 7/27/93 Public Hearing To consider adoption of an interim pre-SR- 125 Development Impact Fee and to consider modification of the existing Transportation Development Impact Fee SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager..J~ b<,6~ ITEM TITLE: (4/Sths Vote: Yes_No X ) The purpose of this item is to take testimony in a public hearing. Staff proposes that the hearing be continued to the August 17 meeting at which time staff will respond to questions and comments from Council and the public and present a final recommendation. Alternatively, Council could continue the item to a public hearing in a workshop setting on August 26. Since the mid-80s, City staff has recognized that continued development in the Eastern Territories was going to result in a significant increase in traffic on the planned road system. Chula Vista's Transportation Phasing Plan (CVTPP) recognized that some major north-south facility would be necessary to service continued development. To create a program to guarantee the facility prior to more development approvals, Council on August 20, 1991, by Resolution 16336, approved a contract with Howard Needles Tamman and Bergendoff (HNTB) for professional services in preparing a report which would analyze future transportation needs in Chula Vista and help staff develop contingency plans in the event that SR-125 is not constructed in a timely fashion. HNTB has completed the report which contains a recommended roadway system, and a recommended financing plan as well as providing background and discussion of issues considered in developing the proposal. The completed report is included in your agenda packets. Based on the conclusions of the HNTB report and discussions with property owners, developers and other interested parties, staff is recommending adoption of a fee (pre-SR-125 DIF) to serve as the primary mechanism for financing construction of the identified street facilities. Staff recommends that implementation of the fee not become effective until January 1, 1994. The recommendation to delay implementation to January 1, 1994 has been supported by the developers and the Construction Industry Federation. In addition, staff is proposing a comprehensive update of the Eastern Chula Vista Transportation Development Impact Fee (Trans-DIF) which was established in January 1988 by Ordinance No. 2251 (amended by Ordinances No. 2349, 2289, and 2431). The last update to the Trans-DIF was December, 1990. This update, originally planned for last year, was delayed to coordinate with the proposed pre-SR-125 program. The "Interim Eastern Area Transportation Development Impact Fee" (DIF) was based on a financial and engineering study of the major streets required to serve anticipated development in that area with the premise that all new development would share equitably in the cost of these major streets. The boundaries of the Trans-DIF area were based on an area of benefit determination which included some territory outside the existing City limits east of 1-805. I'I~--/ Page 2, Item 19 A Meeting Date 7/27/93 Over the past year, there have been a number of meetings involving all of the developers in attempts to achieve consensus on the proposed fees. Staff is of the opinion that the developers all understand the necessity for the fees, and generally support staff's proposal with respect to the facilities to be constructed, their estimated costs, and the ability of the facilities to provide the transportation capacity for which they are intended. The only area where staff does not feel that there is a consensus is on how to equitably distribute the proposed interim pre-SR-125 fee. The opinions expressed by the developers on the fee distribution issue range from a need for a uniform fee throughout the eastern area to a fee based on projected usage of interim SR-125 facilities. This ranges from a two zone concept to a project by project basis. Some of the developers indicated that a development closer to SR-125 whose traffic would use the facilities more, should pay a higher share of the cost of that facility. Issues that have been raised at these meetings include: . What will happen to the fees if the toll road is constructed? . What if CalTrans selects an eastern alignment? . Issues relating to toll road timing. . Issues relating to the proposed CFD. To aid Council, staff has attached an "issues" paper to this agenda package as Attachment B. RECOMMENDATION: That Council hold the public hearing, take testimony, provide input and continue the hearing to August 17, 1993. Tentative staff recommendations are as follows: 1. That Council accept the report prepared by HNTB and adopt an interim pre-SR-125 fee as described in this report ($1,430 per EDU) to be effective as of January I, 1994. 2. That Council accept the report prepared by staff and modify the Eastern Chula Vista Transportation Development Impact Fee in accordance with that report. BOARDS/COMMISSIONS RECOMMENDATION: Staff made presentations to the Planning Commission on February 17, 1993, (workshop setting, no minutes) and to the Economic Development Commission on March 3, 1993 (minutes attached). In both cases, the presentation was informational, and no formal action was requested of the Commissions. Generally, both Commissions focused on understanding the details and implications of the proposed fees and their relationships to transportation needs; however, there were questions from the Planning Commission regarding the appropriateness of requiring all developers to pay the same fee, regardless of proposed usage of the "SR-125 facility". The Chula Vista Chamber of Commerce has not been directly involved in development of the proposed program, however, representatives of the Chamber have been informed through the presentation given to the Economic Development Commission. DISCUSSION: In September 1990, the State of California identified four projects eligible for franchise agreements which would enable private entities to operate these facilities as tollways. The portion of SR-125 running from SR-905 on Otay Mesa to San Miguel Road is one of these four projects. The State subsequently entered into a franchise agreement with California Transportation Ventures (CTV), a private consortium to allow CTV to construct and operate the tollway for a period of 35 years. 1~/I--cJ,. ,^ Page 3, Item~1'j Meeting Date 7/27/93 The agreement allows CTV to choose not to construct the tollway providing that it exercises that option before construction of the roadway commences. CalTrans is currently in the process of preparing an Environmental Impact Report that considers various roadway alignments. Completion of the EIR/EIS will enable the State to designate and adopt an alignment for the SR-125 facility. Route adoption is currently proposed for mid-1995 at the latest and will allow CTV to construct a toll road. CTV has indicated their desire to construct the toll road as soon as possible if the project is approved. This is dependent also upon local review and approval and working out a funding mechanism for the toll road. With respect to the freeway alternatives, CalTrans has not identified or allocated funding for the subject portion of SR-125 as a freeway. In the absence of construction as a toll road, this portion of SR-125 is not currently proposed for construction by CalTrans. The City needs to have its own program for an interim roadway should either a toll road or freeway not be forthcoming in a timely fashion. Staff has been aware for years that SR-125 is an essential regional facility, and that there are limitations on growth that can occur in the South Bay without such a facility. Chula Vista's adopted General Plan at buildout relies on a freeway in the Otay Mesa - San Miguel Road corridor to provide sufficient transportation capacity. However the Chula Vista Transportation Phasing plan studies have demonstrated that some facility less than a full 10 lane freeway could satisfy Chula Vista's transportation needs in the short and medium term (15 years). Chula Vista has been collecting some fees toward construction of an SR-125 roadway as part of an overall major street system since 1985. Staff and property owners also recognize that it would not be feasible, appropriate, or necessary to collect sufficiently large fees to enable the City to construct a freeway-style facility which would serve regional traffic. In January of 1992, the City Council approved a $360,000 contract with a team led by Howard Needles Tammen and Bergendoff (HNTB), an engineering consultant, to investigate alternatives to a tollway or freeway, determine the demand for such a facility, size the facility and identify aJ;! alignment and devise a financing program based on cost estimates for the facility. The consultant also developed a phasing program. Other members of the team and their expertise include NBS/Lowry (financial analysis), Wilbur Smith & Associates (transportation); Brown Diven & Hentschke (legal); and Fieldman, Rollapp & Associates (financing mechanisms). I. INTERIM SR-125 REPORT In July 1992, HNTB produced a draft report which investigated the feasibility of constructing a freeway-style four lane facility from Orange Avenue northerly to SR-125. The rationale behind this proposal was the desire to avoid construction of "throw-away" facilities, in which a road constructed to City standards would have to be demolished and replaced with a road constructed to CalTrans' freeway standards. This alternative produced a very expensive road, with high fees which, when combined with the Transportation DIF fees (T-DIF), would have increased the total fee from $3,060 to over $6,000 per EDU (compared with the current proposal to increase fees to $4,832 per EDU). Many of the property owners expressed concern regarding the high fees, and the /I//I-J page4,fiem~~ Meeting Date 7/27/93 likely inability to receive any sort of refund when the freeway is finally funded by CalTrans. They also questioned the demand and need for such a high volume facility. As a result of this concern, HNTB was requested to investigate alternative networks that utilized circulation element roads as much as possible reducing cost as well as demand. HNTB responded with several alternative networks. All of the networks considered Orange Avenue as the primary east-west facility to be constructed and a north-south facility in the general vicinity of the existing Proctor Valley Road (from East H Street to San Miguel Road). The fundamental difference between networks was how the connection was made from the "Proctor Valley" facility to SR-54. Several alternatives were reviewed, including considering the extension of Conduit Road and the widening of Bonita Road (north of San Miguel Road) and Sweetwater Road. The alternative that was selected for further study consists of the seven road segments shown in the following table. Factors that led to the selection of this network above other alternatives included cost, available right-of-way, and potential environmental impacts. Segment I Sweetwater Road (Bonita Road to SR-125) Segment 2 Bonita Road (Sweetwater Road To San Mignel Road) Segment 3 San Mignel Road (Bonita Road to Proctor Valley Road) Segment 4 Proctor Valley Road (San Mignel Road to SR-125 corridor) Segment 5 SR-125 Corridor (The SR-125 corridor is the right-of-way reserved through Eastlake and Salt Creek I) Segment 6 Eastlake Parkway (SR-125 to East Orange Avenue) Segment 7 East Orange Avenue (Eastlake Parkway to Sunbow property) The study area or area of potential benefit was scaled to match the anticipated capacity of the interim roadway. At this time, it was emphasized to property owners that the nature of the study area was to approximate traffic levels and was not intended to suggest any development entitlement or lock in any particular development phasing for any particular proj ect. Financing the Facilities Construction of roadway elements previously identified would serve a total of 352,763 new or additional trips on the system (since July, 1990) generated from the Chula Vista General Plan Area. Of the 352,000 trips, 228,314 can contribute financially to the system. The remaining 125,000 trips fall into three categories: I) development that has occurred smce 1990 (approximately 50,000 trips); J~/J'" , Page 5, Item ) 'I ~ Meeting Date 7/27/93 SWEETWATER RESERVOIR ". : ... I .... L.._.-' I ,-, SEGMENT 1 SEGMENT 2 "'-", ---_! : , UPPER OTAY RESERVOIR I, \ '. .--~._.-"...-.~=;, ,- ~ o ._.._..1 SEGMENT 6 I LOWER OTAY ~ I RESERVO~ I , SEGMENT 7 I .__..J ...- / -.--.- ._a- QiAY VALLEY AVE ..----.-----.._.._ .t:... ~ ~ -.- \ ",: . ';i) ..-" ..-,.- ..- ..- .,- _._--._~--------.. LEGEND .- -" ~ '" ~ INTERSTATE ~ STATE ROUTE _ _. STATE ROUTE 125 CORRIClOR CITY STREET o FULL INTERCHANGE o PARTIAL INTERCHANGE __.____ CITY SPHERE OF INFLUENCE No Scale J'I~".r Page 6, Item 1~19 Meeting Date 7/27/93 2) properties exempted from SR-125 participation through development agreements. . Kaiser Phases I & II (19,500 trips) . Rancho del Rey Power Center (25,000 trips) . Olympic Training Center (5,000 trips) 3) Commercial trips which are "passerby trips" (approx. 25,000 trips), resulting from the change from 400 to 250 trips per acre for commerical land uses. The HNTB report projects that this would, when combined with other T-DIF improvements, provide capacity in the transportation system to the year 2007. A. DIF Fee for the Interim Facility The cost of the proposed facilities (in 1992 dollars) is $27,953,000. Using cash flow analysis methods, it has been projected that potentially $12 million in bonds may have to be sold to finance construction. The cost of issuing bonds and debt service is proposed to be included in the fee amount, raising the cost of the facilities to approximately $32,650,000. Once the number of "benefitting trips" and financing costs were established, a recommended fee per trip was established at $143.00 ($1,430.00 per EDU). Staff proposes that Council adopt an "Interim Pre-SR-125" fee, to be collected at the time of issuance of any building permit for development of any property in the Eastern Territories. The area that the fee would be imposed upon is the same as that area responsible for payment of Transportation DIF fees. The purpose of the fee would be construction of the seven facilities identified in the HNTB report. The table below shows the proposed Interim Pre-SR-125 Development Impact Fee rate for construction of the above described facilities. INTERIM PRE-SR-125 DEVELOPMENT IMPACT FEES Category EDU'S Proposed Fee Single-Family Detached DU 1.00 $1,430 Single-Family Attached DU 0.8 1,144 Multi-Family DU 0.6 858 Commercial Acre 25.0 35,750 Industrial Acre 20.0 28,600 ILl/! '# Page 7, Item--'-!l..- '" Meeting Date 7/27/93 Staff proposes to delay implementation of the fee until January I, 1994. The proposal is in response to concerns raised by developers and by the Construction Industry Federation (CIF) regarding the imposition of such a large fee burden in this economic climate. The date represents a trade-off in balance between the desire to soften the impact of such a significant increase in fees with and the fact that the pool of participants in the fee is essentially limited by transportation capacity. This pool shrinks with each permit issued. The developers and the CIF recognize that further delay might increase the fees significantly for the remaining developers. Phasing in the fee (beginning with a lower fee and incrementally increasing it annually) presents the same risk of placing an inordinate burden on the later developers. B. Bonding Needs for Interim Pre-SRI25 Roadway As shown on the following chart, cash flow analysis indicates that there will be sufficient funds to construct the first facility (segments 4 and 5) in approximately 1999. There will not be sufficient funds, however, to construct the second or third facilities in 200 I and 2003. In order to have sufficient funds available to meet this need, the fee would need to be raised so that the early developers would provide the cash on a timely basis and the later developers would not have to pay. This, in staff's opinion, places an unfair burden on the earlier developers. Alternatively, the developers could front the money. At this time, developers have indicated that the economic environment does not allow them to front such large sums of money necessary to construct any of these facilities. Thus, it is likely that bonds will be used to construct some of the facilities, with some revenue stream to guarantee payment of debt service. Under normal circumstances, the fees collected would be more than sufficient to pay the anticipated bond debt service. However, this is not an "assured" revenue stream. If development dropped off dramatically, at the worst possible time (immediately after commitment of funds to construct the second phase), it is possible that the fees would not be sufficient to pay the annual debt service. The cash flow analysis for this scenario was developed in the HNTB report as Table 8.5 (labeled "worst case"). This is literally a worst case scenario since it requires development to completely cease immediately after commitment of funds for construction. If development fell to zero the following year (for example), there would be sufficient funds for almost 3-1/2 years of debt service. Staff recommends that in the near future a Mello-Roos Community Facilities District (CFD) be established over the entire area of benefit so that an "undeveloped land tax" could be imposed. After formation, staff would return to Council to establish the actual tax burden to be imposed (if any is necessary) on a regular basis. The tax would only be imposed on vacant, undeveloped land within the area of benefit, and W;~:;;S;d?pay debt service (principal and Page 8, Item II/A Meeting Date 7/27/93 CASH FLOW FOR INTERIM SR-125. 1993 1996 18 16 14 12 FEES COLLECTEO. 10 8 ~ 6 0- ...Jell ~z 0 4 ...J ...J :J:::I 2 cn- < u 0 -2 -4 -6 -8 - 10 5,000 YEAR 2000 2004 2007 PHASE I CON STRUCTlON. PHASE :II CONSTRUCTION. FINANCING INCREMENT (2.8MI. PHASE m CONSTRUCTION. 15.000 20,000 22,831 10,000 E.D.U.'s (TENTATIVE) NOTE: GRAPH SHOWING ANNUAL CASH FLOW BASED ON . 1,430.00 PER E.D.U. FEE. 1'/,-9 , r Page 9, Item-'!lt1 Meeting Date 7/27/93 interest) on bonds and costs incurred in administering the interim SR-125 DIF. Under normal circumstances, there would be no tax required; however, based on worst case, the estimated tax would be $800 per acre. However, no tax would be collected unless necessary. Staff's intent is that the CFD, for legal and financial reasons would be the identified fundamental revenue source used for payment on the bonds, but would in reality be a backup or cushion for fees collected. Since fees alone should be sufficient to pay debt service, development would have to fall to less than 1/2 the projected normal rate in any particular year for any tax to be imposed. If this level of development impact was to occur, and at the worst possible time (immediately after construction), some tax could be necessary to make up the shortfall. As property develops, it would be removed from the rolls of property subject to the "vacant land" tax and would receive a credit for any taxes paid towards payment of interim SR-125 DIF fees when the property develops. The City has not formed CFDs in the past. This mechanism has fundamentally been used by local school districts for financing construction of facilities. It has been utilized by other municipalities for construction of public facilities including roads. The main advantage of CFDs are flexibility in establishing the relationship between tax and benefits. Since the proposal is that the tax will vary from year to year and would be eliminated upon development, this flexibility removes many potential legal complications. The primary negative aspect is the spectra of large developments being burdened with tax on undeveloped land at a time when development revenues are low. The developers are aware of this potential, and have not expressed any concerns. Available alternatives to such a CFD include utilizing and relying upon potential future supplements or funding mechanisms (such as State matching funds), use of assessment district financing requiring developers to finance construction (and be reimbursed as funds become available). Supplements or matching funds tend to be difficult to predict on a long term basis. Programs are subject to available funds and competing demands from other agencies. Assessment districts have the disadvantages that they lack the flexibility of a CFD and that they must be related to construction of specific facilities (rather than a generalized program like a CFD). Developer financing may be impossible due to the large outlays required for such major facilities and problems in obtaining construction loans and has been experienced by the entire industry recently. II. THE TRANSPORTATION DEVELOPMENT IMPACT FEE (T-DIF) UPDATE The existing Transportation DIF ordinance provides for collection of the fee ($3,060 per EDU) at the time of building permit issuance and for periodic review of the fee amount based on updated information. )lf~ ." Page 10, ItemJ!t..;1/ Meeting Date 7/27/93 The method of determining the DIP amount consists of estimating the cost of the various street improvements in the study and dividing the cost of the number of Equivalent Dwelling Units (EDUs) projected for the area. The EDU determination has been based on SANDAG traffic generation factors for various types of development utilizing a factor of 1.0 for a single family detached residence. Staff proposes to continue using this methodology at the present, but to slightly modify the methodology for fees paid on or after January I, 1994. Further discussion of the modification is contained in "Commercial Land Uses". Projections for the type and amount of development are based on best information available from the adopted and proposed specific plans and the Chula Vista General Plan within the area of benefit. This update consisted of several phases. 1. It was determined which of the major streets in the program had been constructed, and how many EDUs of building permits had been issued or committed. These were removed from the program. 2. The DIP street costs were revised as more information become available. This includes adjustments for inflation. 3. Based on progress made by the Otay Ranch Project, staff recommended inclusion of 2 villages from the Otay Ranch (staff recommended plan) in the DIP. Thus, the southerly boundary of the DIP was modified to follow the proposed alignment of Orange Avenue. Concurrently, land uses within the DIP boundary were updated to include recent approvals (Kaiser, Bonita Gateway, Power Center, etc.) Accompanying this was the need for additional street facilities. 4. Certain facilities were proposed to be removed from the Transportation DIP and placed in the interim pre-SR-125 DIF. These include portions of Orange Avenue, EastLake Parkway and "SR-125 Interim Facility". 5. Staff analysis indicated that the current portion of the fee allocated to DIF program support was not adequate. Staff recommends that the program support component (which includes monitoring and projecting traffic and preparing updates as well as normal program administration be raised from 2% to 4%. Staff also recommends that the adopted ordinance require the 4% DIP support be paid at the time the fee is normally collected. The reason for this is that developers often construct facilities and receive credits which are applied to building permits for their projects. While this simplifies many aspects, it leaves the City without any funds to pay for support activities such as consultants for monitoring progress or staff time until all credits are used up and remaining fees are paid in cash. As indicated on page 8, of Table 2 in the report, the following streets were deleted because they were completed: 1'//1--/ () Page 11, Item~/I Meeting Date 7/27/93 No. DIF Street Location Cost I East H Street Through Rancho Del Rey $ 4.372.696 2 Otay Lakes Road Intersection with East H Street 328.921 3 Telegraph Canyon Paseo Del Rey to East of Paseo Ladera (south side) 350.037 Road 4 Telegraph Canyon 1-805 Interchange/Phase I 174.332 Road 5 Otay Lakes Road Camino del Cerra Grande to Ridgeback Road 6,227,169 6 Central Avenue Bonita Road to Corral Canyon 190.000 7 Telegraph Canyon Phase I - Rutgers Road to EastLake Boundary 6,671,052 Road 8 Telegraph Canyon Phase II - Paseo Ladera to Apache Drive 11,118,765 Road 9 East H Street Phase I - 1-805 Modifications 577,155 10 EastLake Parkway Telegraph Canyon Road to Southern High School 1,883.636 Boundary II Hunte Parkway Telegraph Canyon Road to Club House Drive 1,251,299 12 East H Street EastLake Drive to SR-125 and SR-125 to Mt. Miguel 2,075,047 Road 13 Telegraph Canyon EastLake Boundary to Hunte Parkway 3,388,518 Road GRAND TOTAL COMPLETED $ 38,608,626 Note: * = Under revision. . . The following projects are proposed to be added to the T-DIY No. DIF Street Location Est. Cost I East Orange Avenue Eastern Sunbow Boundary to EastLake Parkway 7,272,000 (expansion from 4 to 6 lanes) 2 East Orange Avenue 1-805 Interchange Modifications 4,064,000 3 East Palomar Street Eastern Sunbow Boundary to Paseo Ranchero 3,120,000 4 East Palomar Street I-80S Interchange 2,673,000 5 Telegraph Canyon Hunte Parkway to Wueste Road 3,114,000 Road 6 East Orange Avenue Hunte Parkway to Olympic Training Center 5,104,000 7 Telegraph Canyon SR-125 to EastLake Parkway 1,493,900 Road Modifications 8 EastLake Parkway Fenton Street to Telegraph Canyon Road 980,400 Modifications Jf7!'lf Page 12, Item JIi~ Meeting Date 7/27/93 No. DIF Street Location Est. Cost 9 East H Street 1-805 to Hidden Vista Drive 901,000 Modifications 10 Bonita Road Otay Lakes Road Intersection 105,000 11 Otay Lakes Road Ehnhurst Drive Intersection 70,000 ]2 East H Street Otay Lakes Road Intersection 22],000 13 Traffic Signal 1broughout Eastern Territories 138,000 Interconnection ]4 EastLake Parkway EastLake High School Southern Boundary to East Orange 887,500 Avenue (Modifications to SR-125 Facility) ]5 East H Street Paseo Del Rey to Avila Way 682,000 ]6 Bonita Road 1-805 to Plaza Bonita Road 188,000 GRAND TOTAL TO BE ADDED $31,013,800 COMMERCIAL LAND USES When the DIF was established in 1988, the method of calculating fees was to tabulate all land uses for undeveloped land in the Eastern Territories and, apply SANDAG traffic model trip generation factors to each land use. The total estimated cost of the facilities was then spread over the proposed land uses, based on trips generated. Staff feels that methodology, while generally valid, places an inordinately heavy burden on commercial properties. Many of the 400 trips per acre attributed to commercial are in reality, "passerby" trips wherein the motorist may include a shopping stop in an overall trip, such as stopping at a store on the way home from work, or stopping for gas, etc. Under the existing fee, commercial property is paying a transportation fee equating to $2.80 per square foot. Adding on the SR-125 fee would raise the transportation fees for commercial property to $4.17 per square foot. It was believed by staff and the developers that to raise the fee to this amount was not equitable, and certainly would destroy any possibility of commercial development in the eastern area. The new combined transportation fees for commercial property will still amount to $2.77 per square foot. Many of the developers requested that staff consider reducing the burden on commercial land uses, stating that in this economic climate, commercial development will not be economically viable with such a heavy fee burden. They feel that other uses (residential, industrial, etc.) will still be economically viable with the additional fees. Staff proposes that Council, adopt a revised fee, to take effect on January 1, 1994, based on a new rate of 250 trips (25 EDUs) per acre for commercial land uses. The proposed fees are shown on the following chart. The column labelled "Fee w/o Commercial Subsidy" identifies what the fee would be if commercial land uses are assessed at 400 trips per acre instead of the proposed 250 trips. /9/9 ./,1 Page 13, Item1!L-1"9 Meeting Date 7/27/93 Present Proposed Category EDD's Fee Fee Single-Family Detached DU (1.0 EDU) 1.0 $3,060 $ 3,402 Single-Family Attached DU (0.8 EDU) 0.8 2,448 2,722 Mnlti-Family DU (0.6 EDU) 0.6 1,836 2,042 Commercial Acre (changing from 40 to 40/25 122,400 85,050 25 EDU) Industrial Acre (20.0 EDU/AC) 20.0 61,200 68,040 Religious Institution Acre (4.0 EDU/AC) 4.0 12,240 13,608 Golf Course (0.8 EDU/AC) 0.8 2,450 2,722 Medical Center (65.0 EDU/AC) 65.0 N/A 221,130 REVISED EASTERN AREA TRANSPORTATION DEVELOPMENT IMPACT FEES (Effective January 1, 1994) The proposal to delay implementation of the revised rate is designed to coincide with the effective date of the interim pre-SR-125 fee. The level or cost of fees in the Transportation DIF generally are affected by the following mechanisms: 1. Addition of new land use areas and associated facilities. 2. Removal of facilities required for the interim pre-SRl25 DIF. 3. Restructuring of the trips associated with land uses. As shown on the above table, the effects of I and 2 balance out, and would produce a fee very close to the present fee ($3,060 per EDU). The third item is a proposed re- distribution of the fee burden, removing some of the fee burden from Commercial and transferring it to the other land uses. III. COMBINED TOTAL IMPACT OF PRE-125 DIF, TRANS DIF AND OTHER IMP ACT FEES With implementation of staffs recommendations regarding fees, following is a chart showing the status and total of development impact fees currently collected by the City for common land uses. 1l//I'13 Page 14, Item 1'111 Meeting Date 7/27/93 DEVELOPMENT IMPACT FEE SUMMARY EXISTING DEVELOPMENT PROPOSED DEVELOPMENT IMPACT FEE SUMMARY IMPACT FEE SUMMARY I Land Use I T. DIF SR125 Total Land Use T. DIF SR125 Total SFD $ 3,060 $0 $ 3,060 SFD $ 3,402 $ $ 4,832 1,430 SFA 2,448 0 2,448 SFA 2,722 1,144 3,866 MFA 1,836 0 1,836 MFA 2,042 858 2,900 Comm 122,400 0 122,400 Carom 85,050 35,750 120,800 Ind 61,200 0 61,200 Ind 68,040 28,600 96,640 . eatimate bBBed on 430 trips per acce (ootual varies wilh specific me .... estimale based on BO lripa p<< acre Included in your agenda packets are copies of the DIF 1993 Update Report to be approved by Council as a part of the proposed ordinance. FISCAL IMPACT: The adoption of the proposed fees will increase the fees for the construction of related facilities. Most of the facilities under the TransDIF will be constructed by developers who will front the costs and receive credit from fees due. The fees for the SR- 125 DIF will be paid to the City, the City will accumulate the funds and use them to construct those facilities. No other City funds will be needed for these projects. The TransDIF for developers will increase by 58% for residential and industrial land uses (II % for the TransDIF plus 47% for the Pre-SR-125 DIF), and will diminish by 1% for commercial land uses. In addition, the portion of the fees to be used to pay for the administrative costs, such as overall monitoring, updating the programs and growth monitoring on the street system, will increase from 2% to 4% of the total TransDIF and be set at 2% for the SR-125 DIF. WPC F:IJIOME\ENGINEER\AGENDA\SR125DIF.PH I'I/!~/i 012293 File No. PUBUC HEARlNG CHECK UST ,/'2.." 1'\30- SUBJECT Ow_~ .k:. Q..J Hr "2..:l.S I ~.t...:t..- ~-t......- ~ 1.9g.'FI6N ~~:A-' D'!.t ... ~ ~.O"~ LJ ~k...,;.. ~ f"L Sr<.~\~ t:~~:" J 5..-'D1~' ~ SENT TO STAR NEWS FOR PUBUCATION -- BY FAX ~BY HAND ; BY MAIL PUBUCATION DATE ., /1'" <+ ., I '2-~ CI1Y COUNCIL PUBUC HEARING DATE MAILED NOTICES TO PROPER1Y OWNERS NO. MAILED PER GC 54992 Legislative Scaff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122 LOGGED IN AGENDA BOOK .., I, '-\ 1 q.3 COPIES TO: Administration (4) ,./ Planning / Originating Departroent Engineering ,/ Others City Clerk's Office (2) ./ POST ON BULLETIN BOARDS '/I""jq3. SPECIAL INSTRUCTIONS: -62- 11/;1 --- //..;; NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of Chula Vista, California to consider the following items: Amendment of Ordinance No 2251 to update the Eastern Area Transportation Development Impact Fee Adoption of the Ordinance establishing the interim pre SR-125 transportation facility fee This generally affects areas East of 1-805. All Engineering studies and related documentation are available for review at the Engineering Department, City of Chula Vista, 276 Fourth Avenue, City of Chula Vista, CA 91910. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, July 27, 1993 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. The City of Chula Vista, in complying with the American With Disabilities Act, request individuals who require special accommodation to access, attend and/or participate in a City meeting, activity or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact Lombardo De Trinidad for information or your request at (691) 691-5034. Service for the hearing impaired is available at 476-5342 (TDD). DATED: July 12" 1993 BEVERLY AUTHELET CITY CLERK (f: \engineer\landdev\counnot.ldt) jL/A-it NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing to consider the following: Amendment of Ordinance No. 2251 updating the Eastern Area Transportation Development Impact Fee; and, Adoption of Ordinance establishing the interim pre SR-125 transportation facility fee. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, July 27, 1993, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: July 14, 1993 Beverly A. Authelet City Clerk ) L/ /J ~ / ? '~/ '.,i. July 26, 1993 Mr. John Goss City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Re: Interim SR-125 and Transportation Development Impact Fees Dear Mr. Goss: EastLake Development Company is fully supportive of the City's efforts to implement the interim pre-SR-125 Development Impact Fee. We understand the need for and are in favor of providing transportation system improvements which will maintain the City's threshold standards. During the development of the pre-SR-125 Financial Plan, the City considered and incorporated a revised EDU calculation methodology as it relates to commercial properties. The methodology revision (commercial rate at 25 EDU's/ /acre in lieu of 40 EDU's/acre) was deemed appropriate because the commercial properties were carrying an excessive share of the infrastructure improvements in the Eastern Territories. EastLake supports the concept of a reduced rate for commercial properties but must ask that the City slightly modify the manner in which the new rate is being applied. Under the current methodology, a higher transportation fee burden is being placed on commercial properties who have provided Transportation Development Impact Fee improvements (in advance of their actual need) and have yet to pull building permits. Those commercial properties who have made no contribution to the transportation infrastructure as of this date will be asked to contribute to the system in a lesser amount (approximately $37,350 per acre) at the time they request building permits. We must ask that the City reconsider this portion of the revised fee structure. We would fully support a new methodology which treats all yet to be developed commercial property in a like manner. /i/l i~ '/~i'~' f" , . F' ~.',._- .... ~ ~ ~ E'ASTLAKE DEVELOPMENT COMPANY 900 Lane Avenue Suite 100 Chula ,-"sta, CA 91914 (619) 421-0127 'AX (619) 421-1830 Letter to Mr. John Goss July 26, 1993 Page Two Your consideration of this matter is appreciated. If you have any questions, please do not hesitate to call me. Sincerely, ---- L ... ~" "., ,. . .'" ~ fASTLAKE DMlOPMENT COMPANY CJS:sb cc: George Krempl John Uppitt Cliff Swanson Steve Thomas ;1/1-/ ~ 900 Lane Avenue Suite 100 Chula Vista, CA 91914 (619) 421.0127 fAX (619) 421.1830 JU.. 26'93 1!l2: 15PM P.212 PORTFOLIO INVESTMENTS, LTD. A c;.lffO""'. 1.,m"." .P.,,~"."ilb'p July Z6, 1m v /, / "':,-:,-t.):-;/~..- ' /t/. Mr. George J(renlp.... 'Eliepatr 0Iy MuIIgI!r ClTYOP CHI1LA. VISTA 2761'ourth Avenue 0tu.1a ~CA!MIO 7,b 7/'7.1' I Ji (I,U.J- (j StlJOSCTr mOFOS1ID ~ SIt-125~OllTA'IIONl'AClWYnB tleiIr Mt.ICTemp1e: We are the ......~4 DOle hll1d8r ud ~ 8llwn CO\. In holl.i_lO the Sun'bow project t:anel1t1y owned by '1'he BaDcbo cId Sur PaittumlNP. We.. ...._toed abo1lt the bnpll....~ of the otfs proposed 1woop''lI-.1atioI\ 01 the IDIadin SR-125 lI_rOIlaIIon flldIIly fee. Our _areasfolloMl: A. In lJIlIIl!flIl, ul.'OJ\5lr1ICIkmclltla rile 11'4 fIDa\cIIlg becornIB leD 1Jl4le8S ~ it Is b...v-.bC ~dIIfIailtlo ~ Jotstbat em\. beprloed. to t'r n.... I)<ho"" tlle CDIIIOtIeJnts of the l:Ilfte1\l fOOl" _ok clbzlate. ....AAltIftn of.em sua. u the 5I1bj1d lee by publle apdes COl.IIpCNIlIi this problem IUld bave the undeelrable genen1em,ctol~ ~ thaebysatlt.f1ln8ne1lher tlwocleve1Dpa' nor the public asau;y. B. If public: fauy.o........dta are _&1 lI1\cIl1D other adlOCJ. of fInandIIg l!Jd8ts, IUCh u appears to be the ."uofIn.t with the propo_lnl:eriI\l SR-125, it Is w~'Oe that the fees be paid by tile deveIopa'I in p;f.:1ion to the bel\efit tecelwd by tbeIr proJett. 0lberwi8e,. one 4eveIoper WouIIl be dizbl8 8Nlt1urr. TELECOPY COVEn PAGE From Telecopier: (818) 0'1-7914 Transmittal Date: 7/d. 7 No. of Pages; 3 (Includinq CGver Page) TO: r1-L-vl 4-IL ?-(..>L<<'_<"v---- ~~/~ Telecopy No.: ((,If) Lf,,)/ - , :;.' ,.II" _; u From; Cynthia A. Bell The Vons Cornpanies~ Inc. Telephone No.; (818) 821-7050 / /' I .s t<.. I';;" 5 -5 ~L -.z:.t.<.-. L.,_. Re: .OL ..~- /' // ~ C?c.;r i/ Please: ( ] Review ( ] File ( ] Approve [ ] Call Me / /.1. eX] Other:. .J'~. ",.u..(/."'<~7 :;c.( /J~ /I . ._,if .~ I C"'~~>C.~/J(.<..c..e~7' ?r ,- /. UJ/G...c~_ Comments: / .----.-.-----.----- /i// '-~J the V(,'i.' 5i';'~(;" P6.,/l;:~';~ 't;;r~:~ Ti ~.f:': .'\:L'~(.':. u: !: ". T"'.' i.i~(" ;iid.\ ::; t":.;J:(d\ VONS~ Companies, Inc. July 27, 1993 Mr. John Goss City Manager City of Chula Vista 276 Fourth Avenue Chula Visl3., CA 91910 Re: Proposed Interim SRl25 Fee Dear Mr. Goss: We have recently learned that the City st:Jff will be m..Jdng a reCOmrl]eO:"llllon to the City Council to implement an Interim SRl25 Development In'pact Fee CD.I.P.), This recommendation includes a reduction in the standard of 25 trips per EDU from 40 trips per EDU for trip genemtion calculations for any commercially zoned propeny which h~s not yet pulled a building permit. Under this recommendation an unpermittco commercially zoned property would pay a reduced Transportation DIP and th~ new Tnte:i m SF 125 DIF. We believe that the Staff recommend3.tion is not equitable as it concerns the current status of The Vons Companies, Inc. In fact, we believe Vons IS being penalized for conforming to previous City requests. It is not equitabh: because Vons has not pulled bUIldmg permIts, but has paid the Transportation DIF at the old standard of 40 trips per EDU. If the new Interim SR125 DIF is adopted Vons would be required to pay the new fee ~nd ""!wld have already overpaid on the pnar Transportation DIF. In addition, this is contrary to previous City requests to accelerate commercial devel0fllllt;n! w benefit the City and community. Vons is being penalized for having committed in advance to the eastern growth area of Chula Vista. The EastLake community will not currently support our needed stole volumes; however, the needf"A! ll1frastructure is alrC2dy in place. This infrAStructure has been paid for by the Transportation DIF VOllS has already paid the advance infrastructure costs but, due to slow residential developrnc:it, V.~n, ;, not in a position where pulling a building permit is economically justified The Ilddition of this new Interim SR125 fee will have a negative; impact Ull V;)ns abilitY to establish a supermarket. This could .potentially r~J1ge from delays in construetior. to complete re-evaluation of the market area. In all cases there would be delays in providing goods and services to the EaslI.ake comml.!nily ~.nd delays in the Ctty receivlIig sales t4x revenues from the Vons store. Approximately 30% of Vans sales will generate sales tax revenue for the City. ~!Il" \' \ J'" i. " ,',I"'; JiA:J;L ~ . (, I""" . - , h i ,~; ;'./llt :-I!::nr.:" '.',1 -'tn, \, -'.: '" \ .\ Mr. John Goss SR125 Fee July 27, 1993 Page 2 \Ve understand the need for providing transport2tion sy,,,ems; howe'o.er, we objC<"'1 10 paying more than our fair share. Your consideration would be greatly appreciated in illodilying the manner of fee generation so that all commercial properties are treated equally, Very truly yours, THE VONS COMPANIES, INC. /i ., 11'{ ~~ /' . 7-,' . . .~ ( V)'....A4 d.. '.' . '--- Cvnthia A. Bell J Senior Real Estate Repr.esenl2ltive CAB/crb GOSS.CAB cc: C. Barlow J. Stewart G. Peters /1-)/)r;2) ~~I? ~ '------ ~.~~~ ---- ClN OF CHULA VISTA Interim State Route 125 Facility Feasibility Study Prepared by: HOWARD NEEDLE.~ lAMMEN & BERGENDOFF ~ ARCHlTEcrs ENGlNEER~ PLANNER~ ~ In Association with: Wilbur Smith Associates NBS/Lowry Fieldman, Rolapp & Associates Brown, Diven & Hentschke May 1993 / '-I/f - .J.~ Tntt'"rim ~tl=lt/" Ront/" 1?-'\ Fl=Il'i1ity Ppl=Io;:ihility ~hlliy TABLE OF CONTENTS Section Page 1 Executive Summary .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.0 Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 1.1 Need for Interim Project .................................... 2 1.2 The Interim Facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 1.3 Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 1.4 Funding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 1.5 Need For Phasing ........................................ 7 1.6 Legal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 1.7 Summary and Recommendations. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 2 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 2.0 Background. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 3 Circulation Network Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.0 Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3.1 Methodology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3.2 Development Phasing .................................... 18 3.3 Traffic Forecasts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3.4 Additional Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 3.5 Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 4 Engineering Considerations .................................... 41 4.0 Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 42 4.1 Design Criteria .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 4.2 Physical Constraints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 4.3 Preliminary Environmental Review ........................... 46 4.4 Cost Estimates ......................................... 48 4.5 Interim Recommendations ................................. 54 4.6 Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 5 Alternative Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 5.0 Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 58 5.1 Conceptual Designs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 5.2 Traffic Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 58 5.3 Phasing Scenarios ....................................... 59 1 !f1-~& Tntf":rim ~t~tP: ROlltp: 1',\ F~ri1ity FMtcdhility ~hl(iy 6 Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 6.0 Financing Options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 6.1 Tax Allocation Bonds .................................... 65 6.2 General Obligation Bonds ................................. 66 6.3 Certificates of Participation ................................ 66 6.4 Special Tax Bond - Mello-Roos Community Facilities Act. . . . . . . . . .. 67 6.5 Special Assessment Bonds ................................. 68 6.6 Integrated Financing District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 6.7 Infrastructure Financing District ............................. 70 6.8 Recommended Funding Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 6.9 Financing Plan ......................................... 71 6.10 Proposed 125-DIF Fees ................................... 73 7 Legal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 7.0 Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 78 7.1 Franchise Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 78 7.2 Taxable Bonds ......................................... 78 7.3 Extended Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 8 Technical Appendix .......................................... 79 A Land Use Classification ................................... 80 B Development Schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 C Allowable Debt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 90 D Cash Flow Analysis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 95 E Cost Estimates ......................................... 103 9 References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 LIST OF FIGURES Title Page Figure 2.0.1 - Vicinity Map ........................................... 12 Figure 2.0.2 - Project Schedule ......................................... 15 Figure 3.2.1 - Estimated Land Development Phasing Schedule ................... 19 Figure 3.3.1a - Circulation Network Assumptions for Stage 6 .. . . . . . . . . . . . . . . . . .. 23 Figure 3.3.1 b - Average Daily Traffic Forecast for Stage 6 . . . . . . . . . . . . . . . . . . . . .. 24 Figure 3.3.2a - Circulation Network Assumptions for Mid Range Development. . . . . . .. 33 Figure 3.3.2b - Average Daily Traffic Forecast for Mid Range Development ......... 34 Figure 4.1.1 - Geometric Cross Sections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 43,44 Figure 4.4.1 - Estimated Construction Cost Summary. . . . . . . . . . . . . . . . . . . . . . . . .. 53 Figure 4.5.1 - Construction Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 54 Figure 4.5.2 - Recommended Interim Roadway .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 55 Figure 8.1 - SANDAG Traffic Analysis Zones .............................. 81 11 /7A-~ 7 TntPTim ~tMf': Rontf': 1?.t;j F~("i1ity Fp$l~ihmty ~hl"Y LIST OF TABLES Title Page Table 1.3. I - Interim SR 125 Estimated Construction Cost ...................... 6 Table 1.5. I - Interim SR 125 Construction Phasing Phase I . . . . . . . . . . . . . . . . . . . . .. 8 Table 1.5.2 - Interim SR 125 Construction Phasing Phase 2 . . . . . . . . . . . . . . . . . . . . .. 8 Table 1.5.3 - Interim SR 125 Construction Phasing Phase 3 . . . . . . . . . . . . . . . . . . . . .. 8 Table 3.2.1 - Trip Generation Rates ................................... 20,21 Table 3.3.1a- Stage 6 Daily Traffic Forecast ............................. 25-28 Table 3.3.lb- City of Chula Vista Roadway Capacity Standards. . . . . . . . . . . . . . . . .. 30 Table 3.3.2 - Mid Range Daily Traffic Forecast . . . . . . . . . . . . . . . . . . . . . . . . . .. 35-38 Table 4.4.1 - Interim SR 125 Right-of-Way Cost Estimate ..................... 49 Table 4.4.2 - Interim SR 125 Mainline Capital Cost Summary . . . . . . . . . . . . . . . . . .. 50 Table 4.4.3 - At-Grade Intersection Capital Cost Summary ..................... 5 I Table 4.4.4 - Interim SR 125 Capital Cost Summary ......................... 52 Table 5.3. I - Interim SR 125 Capital Cost Summary - Phase I .................. 60 Table 5.3.2 - Interim SR 125 Capital Cost Summary - Phase 2 .................. 60 Table 5.3.3 - Interim SR 125 Capital Cost Summary - Phase 3 .................. 61 Table 6.10.1 - Minimum 125-DIF Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 74 Table 6.10.2 - Adjusted Trip Alternative to Table 8.2 . . . . . . . . . . . . . . . . . . . . . . . .. 75 Table 8. I - Land Use Trips for the Traffic Study ...................... . . .. 82,83 Table 8.2 - Land Use Trips for the Financing Plan .. . . . . . . . . . . . . . . . . . . . . . .. 84,85 Table 8.3 - Development Schedule .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 87-89 Table 8.4 - Allowable Debt .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 99-94 Table 8.5 - Cash Flow Analysis .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 96-102 Table 8.6 - Mainline Cost Estimates .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 104-113 Table 8.7 - At-Grade Intersection Cost Estimates ........................ Il4-Il5 111 /i4~;2.r Section 1 EXECUTIVE SUMMARY JJ/f) - ~( Interim State Route 125 - Executive Summary 1.0 Introduction In search of feasible transportation solutions for the eastern portion of San Diego County, State Route 125 (SR 125) has been proposed as an extension of San Diego's outer loop which will provide access to existing and future development Due to spiraling costs of transportation needs and limited financial resources, the California Department of Transportation (Caltrans) has looked for suitable means to meet the transportation requirements through the assistance of private investment Assembly Bill No. 680 (AB 680) has enabled privatization of transportation facilities allowing for the construction of toll roads within the State of California. In January of 1991, Caltrans entered into a Franchise Agreement with a consortium of four companies known as the California Transportation Ventures, Inc. (CTV) permitting the construction of SR 125 as a tollway. Presently, Caltrans has six possible alignment alternatives under consideration and, therefor, the alignment utilized throughout this study corresponds with the Chula Vista General Plan. The selection of a nine mile segment of SR 125 for a tollway to be constructed by CTV financing, was originally expected to bring a swift solution to the transportation needs of the Otay Mesa, Sweetwater Valley, and the Bonita Region. Optimistically, the CTV tollway construction would be completed in 1997 or 1998. However, the City of Chula Vista wants to provide for the possibility that there could be delays to the present CTV schedule or even prepare for an abandonment of the entire tollway project. 1.1 Need for an Interim Project The proposed corridor runs through a partially developed area in eastern San Diego County (See the map below reflecting the Chula Vista General Plan route. This route may be modified should Caltrans select another alternative). At this time, potential development is restrained due to the lack of proper infrastructure and more particularly, highway access to the area. A traffic model was prepared specifically for the region that would influence the SR 125 proposed corridor location. ~ACIFIC OCEA~ .... ..~~ "-l OROR'~ ~ \\ . \" \, \ > \ ~ ',y , . ~ ~ NO S~OI~ _,_""'~;i~~'~~ -,-- -_.~~~~~----~--_._-- 2 /y/}~3 0 Interim State Route 125 - Executive Summary The City of Chula Vista expected, as of January 1, 1990, that a maximum of 9,654 residential Equivalent Dwelling Units (EDU's), in addition to industrial and commercial improvements, can be permitted without overburdening the existing and planned roadway network. The City's Growth Management Plan and the Eastern Chula Vista Transportation Phasing Plan (ECVTPP) identifies a total of 19,500 EDU's as the maximum development the planned circulation system can accommodate prior to the construction of roadway improvements either within, or parallel to, the SR 125 corridor. A revised version of the City of Chula Vista traffic model was used to generate forecasts of the travel demands for various stages of development. The City's computer model is a more focused version of TRANPLAN, which is a modification of the traffic model currently being used by the San Diego Association of Governments (SANDAG). For the purpose of analysis, the model breaks the region into Traffic Analysis Zones and parameters are established for land use; the model is then loaded with trip generation rates developed by the City. Other factors are taken into account such as: the highway network is refined as prescribed by SANDAG, Zone to Zone paths are identified, trips are distributed - linking origins with destinations, Peak Hourly Factors are taken into account, and Traffic Assignments are analyzed to produce traffic volumes for each period within the network. This model is the same as that used for the ECVTPP, however, travel speeds for this study were coded somewhat differently which has lead to different results. For instance, the travel speeds for SR 125 and East Orange Avenue were coded at 55 mph and 1-805 was coded at 50 mph in the ECVTPP Traffic Analysis. For the forecast in this study, speeds on East Orange Avenue and SR 125 were reduced to 45 mph and speeds on 1-805 were increased to 55 mph. Some distances were coded incorrectly, such as Telegraph Canyon Road and East H Street, and were corrected for this study. Some differences exist in the roadways included in each network. The traffic high end forecast completed for this study found that traffic volumes reach 444,000 trips per day over the entire network within the Eastern Territories. This volume is significantly higher than the phasing development limit set at 19,500 EDU's (which equates to slightly less than 200,000 trips per day) and results from total build-out conditions for the Eastern Territories with the exception of Otay Ranch which only includes the build-out of Villages 1 & 5. It is believed that a freeway will be open within the corridor by the time this volume is realized and, therefore, an interim facility will be needed prior to that time and will be further needed should the toll road project be delayed. For this reason, a mid-range level of development was targeted for the interim facility recommendation which resulted in a forecast of 352,763 trips per day. Even though this prediction is less than the 444,000 trips, it is nevertheless substantially higher than the phasing development limit of 19,500 EDU's. With the forecasted development and its associated traffic demand, there is a clear need for some traffic mitigation to be in place at the approximate time of projected completion of the SR 125 tollway. If the tollway is delayed significantly, the proposed facility would best serve the area in terms of economy, if it can adequately handle the traffic demand as it becomes warranted. As development occurs in time, the facility should, likewise, evolve. This would involve phasing of the improvements that would accommodate development without overburdening the region financially. 3 ) t./ I) -.3 I Interim State Route 125 - Executive Summary 1.2 Facility This study analyzes the feasibility of an interim facility partially within the SR 125 Corridor in conjunction with local street improvements which provides adequate circulation improvements in the region in the event CTV or Caltrans are delayed in constructing the planned ultimate facility. Special analysis of traffic requirements, facility capabilities and their construction costs were analyzed with respect to their financial feasibility and legal aspects. In addition, the feasibility study analyzed environmental impacts, Right-of-Way restrictions and other sensitive issues that could result from the construction of the facility. Originally, an interim SR 125 facility that utilizes as much of the proposed CTV tollway as possible was studied as a potential interim project. This scenario would provide significant benefits in satisfying most of the above criteria and construction within the CTV tollway Right- of-Way would provide an interim facility which would be covered under the environmental documents prepared for the consummate freeway project. Designing an interim SR 125 facility that constructs a portion of the ultimate facility reduces "throw-away" construction expenditures such as demolition of temporary facilities and reconstruction within the same space. Estimated costs for this project scenario indicated that $63.29 million is required to construct the facility between and including East Orange Avenue through San Miguel Road. In addition to this, $54 million is currently estimated to build the interchange which will connect SR 125 to SR 54. Although this concept for an interim facility is ideal for traffic mitigation, the projected costs make it an infeasible solution. Artist Rendering of SR 54 / SR 125 Interchange A second alternative was analyzed utilizing as much of the proposed existing circulation network as possible which also provides significant benefits in satisfying most of the above criteria while minimizing construction and Right-of-Way costs. This involves construction and widening of seven different segments as follows: . Segment I; Widening of Sweetwater Road from SR 54 to Bonita Road immediately west of the golf course. Sweetwater is now approximately 44 feet in width and this study projects an additional 8 feet of roadway will be required. 4 /L/1 ~3~ Interim State Route 125 - Executive Summary . Segment 2; Widening of Bonita Road from Sweetwater Road to San Miguel Road. This work will involve reconstruction of the existing bridge over the Sweetwater River. Presently, the facility is approximately 32 feet in width and the analysis herein recommends a total width of not less than 52 feet. San Diego County is presently planning for this work to be done regardless of the outcome of the interim SR 125 improvements and, therefore, costs for this work have been eliminated from the fmancing plan for this project. . Segment 3; Widening of San Miguel Road from Bonita Road to Proctor Valley Road. San Miguel is approximately 44 feet wide along this stretch and the recommended improvements would widen the road an additional 8 feet. . Segment 4; Construction of Proctor Valley Road from San Miguel Road to SR 125. This segment involves building a section of roadway which presently exists a!> a dirt road. This part of the interim improvements would provide a street 52 feet wide within the existing Right-of-Way. . Segment 5; This next segment of roadway would be constructed along a considered alignment for the tollway through the Eastlake and Salt Creek I subdivisions. In fact, a 52 foot wide section would be constructed here which could possibly be made a part of the ultimate tollway. If this were to be the case, expensive throwaway costs would be minimized. . Segment 6; This segment of the interim facility is an extension of Eastlake Parkway from the San Diego Gas & Electric easement to the proposed alignment for Orange Avenue. Unlike the others, this portion would be a four lane roadway with a natural grass median separating direction of traveL The proposed width for this section would be 58 feet of roadway and 16 feet of median, totalling 74 feet. ; "" SEGMENT 2 1I000TARCI -- ! ; L ! No Scale SR 125 CORRIDOR 5 J~/J<JJ Interim State Route 125 . Executive Summary . Segment 7; The seventh and final segment is the extension of Orange Avenue from the Sunbow Subdivision eastern boundary to Eastlake Parkway as a four lane road. The proposed section would be the same as that for Eastlalee Parkway. Segment 5, as described above, proposes construction within the CTV tollway Right-of-Way footprint which will require a separate environmental process, however, the technical studies prepared for the toll road may be used to cover this portion of the interim facility. As in the first interim scenario, "throw-away" costs incurred by working in the same area twice is minimized. Furthermore, widening of existing facilities along with associated intersection improvements serves to enhance the capacity of the existing system and will not be made obsolete when the ultimate freewayltollway is built. Reducing "throw-away" construction costs will serve as a key goal for the construction of the roadway. The strategy is to simply construct a small portion of the ultimate freeway and increase the capacity of existing streets for use as a facility. The result should produce lower overall costs and reduced traffic impacts during construction of the ultimate facility. 1.3 Cost The Interim SR 125 facility recommended in this study, including intersection improvements and necessary Right-of-Way, is projected to cost approximately $ 27.95 million. Segment 2, Bonita Road, crosses the Sweetwater River & has been targeted for reconstruction by San Diego County. For this reason, the estimated costs included in this report for Segment 2 have been omitted. Costs by segment are as follows: Table 1.3.1 Interim SR 125 &timated Construction Cost Segment Cost in millions Segment I; Sweetwater Road $ 1.040 Segment 2; Bonita Road $ 0.000 (Financed by San Diego County) Segment 3; San Miguel Road $ 0.990 Segment 4; Proctor Valley Road $ 6.686 Segment 5; SR 125 (Interim) $ 5.253 Segment 6; Eastlake Parkway $ 2.208 Segment 7; East Orange Avenue $10.961 Intersections $ 0.815 TOTAL $ 27.953 An additional source of potential funding, the State - Local Agency Transportation Partnership Program (SLTPP) could reduce the effective cost of constructing the facilities by ten (10) to 6 /'I/l~31 Interim State Route 125 - Executive Sununary fifteen (15) percent These funds are matching funds contributed by the State on a project basis, subject to availability of funds and number of applications. 1.4 Funding This study has outlined a feasible scenario of funding methods for the City to consider. The goal is to provide a revenue source that will allow the construction project to proceed in a timely cost efficient manner. The City should modify their existing Transportation Development Impact Fee (T-DIF) to provide funding for the interim 125 Facilities by creating a 125-DIF program. The 125-DIF rates should be established at a minimum of $143.00 per trip. The 125-DIF rate could be increased to approximately $180.00 per trip to operate on a pay-as-you-go basis. If the 125-DIF rate is established at the minimum of $143.00 per trip, then an additional source of revenue will be required to pay for long-term debt (bonds). The Mello-Roos Community Facilities Act passed in 1982 authorizes the formation of Community Facilities Districts (CFD's) to provide certain facilities or public services to be funded through elector approved special taxes securing long-term debt. A CFD is proposed as the mechanism to levy a special tax on property and issue debt sufficient to provide the capital funds to construct the roadway project. This method of finance is recommended for these improvements to supplement funds received from the 125-DIF. The bonds will be secured by a two-thirds vote in favor of special taxes within the proposed community facilities district. The special tax is levied according to a special tax formula with the funds paid to the CFD for the particular debt service. If there are less than twelve registered voters in the proposed CFD, the land owners vote based upon the acreage owned. If there are more than twelve registered voters, it is based upon a two-thirds vote of the registered voters. Because the bonds are based on land secured debt, they're perceived as less secure and will be more expensive than other financing methods. However, the CFD would be established in primarily undeveloped areas and a land owner vote based on acreage would be expected. Since the landowners are in favor of the project and also represent the majority of expected voters within the CFD, this method would appear to be successful in meeting the financing needs and flexibility required to complete the project. 1.5 Need for Phasing An important parameter necessary for the evaluation of roadway phasing is to define the minimum improvements required to meet demand. A consensus of system requirements, input from local developers, and engineering analysis lead to the conclusion that two phases were required with the capability of allowing for a third phase to commence at any time. The following tables give a summary of projected phasing and associated costs. 7 / L/1 ~ 3,/~ Interim State Route 125 - Executive Summary Table 1.5.1 Interim SR 125 Construction Phasing Pbase 1 Improvement Cost in Millions Segment 4; Proctor Valley Road $ 6.686 Segment 5; SR 125 (Interim) $ 5.253 Intersections $ 0.457 Total $12.396 Table 1.5.2 Interim SR 125 Construction Phasing Phase 2 Improvement Cost in Millions Segment 6; Eastlake Parkway $ 2.208 Segment 7; East Orange Avenue $10.961 Intersections $ 0.173 Total $13.342 Table 1.5.3 Interim SR 125 Construction Phasing Phase 3 Improvement Cost in Millions Segment 1; Sweetwater Road $ 1.040 Segment 2; Bonita Road $ 0.000 (Financed by San Diego County) Segment 3; San Miguel Road $ 0.990 Intersections $ 0.185 Total $ 2.215 8 /LfIJ -:J t Interim Stale Route 125 - Executive Summary 1.6 Legal On December 31,1990 Caltrans entered into an exclusive franchise agreement with CTV. Under Article 111 of the agreement, Caltrans granted CTV "Exclusive Development Rights" with respect to "Transportation Facilities" located within the franchise zone. Caltrans acknowledges in the agreement that competing transportation facilities are likely to adversely affect CTV's development of SR-125 as a toll road; accordingly, Caltrans agreed; 1) to use its best efforts to influence local agencies to refrain from developing competing transportation facilities, or other facilities which might reasonably be foreseen to materially affect the revenue of the CTV project; and 2) to refrain from exercising its discretionary power to initiate, authorize, endorse, construct or improve a non-Caltrans owned "Competitive Transportation Facility". The existence of the franchise agreement means that if the City undertakes an Interim SR 125 project which requires the agreement or cooperation of Caltrans and if the project is deemed by Caltrans and CTV to be competitive (i.e., if the City project has the potential to adversely impact the revenue to CTV) then the agreement or cooperation of CTV will also be necessary. This would involve the SR 54/SR 125 Interchange necessary to any interim facility constructed within the corridor. Also, if part of the City project is to be transferred to Caltrans, because of the expectation that the project may then be leased to CTV, issues arise regarding the use of public funds for the benefit of private entities. It is our professional opinion a thorough review of these and other matters should be completed prior to committing to construction of any segment where these issues are involved. At this time, however, City Staff is comfortable with the recommendations outlined in this study prior to completion of further investigation. 1.7 Summary and Recommendations Interim SR 125 roadway improvements are required to meet the transportation needs of the region until the proposed CTV tollway or freeway can be constructed. Building a portion of the ultimate facility in conjunction with existing and new circulation network improvements will reduce impacts and allow for a swifter development of an interim solution. The recommended roadway and intersection enhancements can meet those requirements. The City should create a l25-DIF to assist in the financing of an interim facility. An additional source of revenue is also required to pay for the long-term debt (bonds). The formation of a Community Facilities District would provide such an additional revenue source that apportions the improvement costs to the properties according to the level of benefit received. We recommend the City should begin the formation of a CFD in the study area that would receive benefit from the facility. The City should also consider a phased approach to financing and construction and negotiations should be instituted between Caltrans and CTV to coordinate the plan and ensure the continued tax-exempt status of any long-term borrowing for the CFD. 9 iL) 1)<3 7 Section 2 BACKGROUND / Lj.17 - 3 r Interim State Route 125 - Back~round 2.0 Background During the month of January 1991, the State of California Department of Transportation (Caltrans), entered into a franchise agreement with a consortium of four companies incorporated as California Transportation Ventures, Inc., (CTV) for the purpose of providing a Toll Road in the State Route 125 (SR 125) corridor in San Diego County. The Toll Road segment is a nine mile unadopted portion of SR 125 considered to be a vital link in the San Diego outer loop. The Toll Road is presently planned as a four lane controlled access thoroughfare which will evolve into ten lanes including two High Occupancy Vehicle (HOV) lanes with provisions for a light rail facility. The proposed westerly alignments of SR 125 traverse the eastern area of Chula Vista, as well as County land, beginning near the international border crossing at Otay Mesa and ending in the Bonita region, as illustrated in Figure 2.0.1. Easterly alignments undergoing consideration which avoid the community of Bonita would not adequately serve Chula Vista's transportation needs. There is a demonstrated need for a permanent facility within the vicinity of the western alignments and in the event an easterly alignment is selected, sources other than Caltrans will have to consider construction of the required facility. This area of the City, east of Interstate 805 is referred to as the "Eastern Territories" in the City's General Plan and SR 125 is designed to meet the demand from development in this region. Presently, several development projects are expected to be underway within the next five to ten years and it is this development that is projected to overload the City's circulation system without SR 125. An optimistic construction scenario would have the tollway completed around 1997 to 1998. Possible construction delays (or an abandonment) of the tollway project has prompted Chula Vista to look for interim facilities that can meet the area's transportation needs. An interim SR 125 solution will require special analysis to determine the financial feasibility of assessing costs to future developing projects. The City of Chula Vista has initiated the process by developing this Interim State Route 125 Facility Feasibility Study. This study will analyze traffic patterns, establish engineering criteria specific to the needs of an interim facility, develop a financing program, examine its legal ramifications, and provide a framework for the City to make project decisions based on traffic capacity. The City is working in concert with the developers on the planning and financing of the interim facility and have encouraged developer participation in the study. The process of developing this study can be summarized in the following flow chart. TRAFFIC ClTY CAl TRANS ANAL Y$IS & & CTV FORECASTS REVIEW REVIEW ENCINEERING AL TERNA lIVE LOCAL FEASiBILITY FINAL CRITERIA & REVIEW & DEVELOPER [VAlUA liON REPORT &. ASSESSMENTS SELECTION REVIEW RECOMMENDATION REvENUE LECAL REVIEW souRCES & ~ FINANCING PROGRAM lEGISLA liON 11 /f/r3; Interim State Route 125 - Back~round EL CAJON 8 SR 725 CORRIDOR PACIFIC OCEAN >T~' REAM FIELD NAVAL AUXILIARY AIR STATION ~ BROWN FIELD ~ NO SCALE 5 UNITEP.?J,o.!~~ -' . - - -MEXICO C,o.uFO~Nl" . . - - - . . . - - -eAjA C,o.UFORNI,o. Figure 2.0. I - Vicinity Map 12 )Jj/)~70 Interim Stale Route 125 - Back~rouud As noted on the proceeding flow chart, traffic information was assembled from all available sources and analyzed. The engineering criteria was then established to determine the basis of design and sizing of an interim facility roughly parallel to the SR 125 corridor. Circulation requirements were identified, and alternative design solutions were developed and reviewed by the City and local developers. This feedback provided a phase of selection through iterations of feasibility analysis matching project needs and costs with available financing. The legalities of doing construction partially within a corridor that has already been granted an exclusive franchise was considered during the analysis. Realizing the complex nature of this study, a project team headed by Howard Needles Tammen & Bergendoff was retained by the City of Chula Vista to study and prepare this report for a interim roadway improvements. The team is comprised of: 1. Howard Needles Tammen & Bergendoff - Prime Engineering Consultant; 2. Wilbur Smith Associates - Traffic Analysis; 3. NBS/Lowry - Assessment Engineering/Costs & Finance; 4. Fieldman, Rolapp & Associates - Financing Sources/Alternatives; and 5. Brown, Diven & Hentschke - Legal Review/Analysis. As discussed, this report will focus on the preliminary traffic analysis and basic engineering requirements of an interim facility. The traffic analysis and its methodology will be developed in much more detail in Chapter 3 of this report. It will provide Data Collection and Review, Corridor Growth Evaluations, Traffic Forecasts, and Corridor (Network) Capacity Analysis. The Engineering, which will be discussed further in Chapter 4, will concentrate on Data Collection, Design Criteria, Physical Constraints, Project Scoping and Assessment Engineering. The City of Chula Vista requested that Special engineering consideration be given to the following three factors: 1. At-grade versus grade separation of intersections along the interim roadway within the present corridor, 2. Level of Service (LOS) C threshold with a maximum of LOS D for two hours at any of the intersections: and 3. North-South versus East-West capacity constraints of the Eastern Chula Vista Transportation Phasing Plan circulation system. A major consideration not contained in this report is the status of the SR 125 Environmental Impact Report (EIR). The document is being prepared by Caltrans and its results will have an impact upon the outcome of the interim roadway and its feasibility. Since one of the dominant strategies of a feasible interim project lies within the ability of that project to function in harmony with the ultimate facility as a staged program, it is possible for any portion of the project planned for construction within the SR 125 corridor to be developed with the benefit of technical studies prepared for the ultimate project Nevertheless, additional 13 / 11) ~(/ Interim State Route 125 - Back~round technical studies will be necessary and a separate environmental clearance must be obtained for this project. A key feasibility characteristic of the interim project is Right-of-Way. It is important that the construction stay within the boundaries of local circulation elements and that separate environmental clearance be obtained for work in the existing Right-of-Way for SR 125 outlined in the developing EIR. This will allow the project to be constructed much sooner. The background material researched for this investigation includes jurisdictional guidelines, Environmental Impact Reports prepared for private and public development projects, documentation on the SR 125 Toll Road, financing avenues already being employed for pending improvements, and projected development schedules. The preliminary schedule to completion is summarized in Figure 2.0.2. When the status of the EIR changes substantially, this document will be revised accordingly. 14 /f /} '^ 7:2 "-- ~ \ ~ PROJECT SCHEDULE Figure 2.0.2 Traffic Forecasts I Traffic/Engineering/Mernatives Complete - November 3, 1992 , Engineering Design , , Financing Alternatives Legal Review ~ VI Feasib@y Evaluation I Financing/Legal Review/Feasibility Evaluation Complete - December 7 I I I Final Report . . . Review of first draft complete April 24, 1992 Review of second draft complete June 30, 1992 Review of third draft complete January 5, 1993 I February 17,1993 Planning Commision Presentation May 18,1993 City Council Presentation City Review & Interaction I Week Beginning Month 1 2 2311 I I 9 I 16 1 November 1992 1993 2s1 II sl IS I 221 February 221 291 31 10 I 171 May 7 I 14 I 21 I 2S December 4 I II I IS I January II sl IS I Much Section 3 CIRCULATION NETWORK ANALYSIS li/l/r1 Interim State Route 125 - Circulation Network Analysis 3.0 Introduction Through comprehensive studies completed by Caltrans and others, construction ofthe State Route 125 roadway has been detennined to be necessary to the mitigation of traffic congestion within the circulation network of the City of Chula Vista and the southern portions of the City and County of San Diego. The Eastern Chula Vista Transportation Phasing Plan identifies an additional 9,654 dwelling units along with associated commercial and industrial acreage as the maximum development beyond that which existed as of January 1, 1990 that the planned circulation system can accommodate without an interim SR 125 facility. The intent of constructing this facility is to reach several overall objectives listed here as follows: 1. Relieve congestion on Interstates 5 and 805; 2. Relieve congestion on the major and prime arteries within the Eastern Territories of Chula Vista due to proposed private development; 3. Reduce out-of-direction travel; and 4. Provide Right-of-Way for future HOV lanes and light rail transit. The second objective listed above is the focus of this report to ascertain proper traffic mitigation should the State's estimated construction schedule be delayed for any reason. 3.1 Methodology A revised version of the City of Chula Vista traffic model was used to generate forecasts of the travel demands for various stages of development. The City's model is a focused version of the TRANPLAN computer model presently used by the San Diego Association of Governments (SANDAG) and the County of San Diego. As accuracy of the model is fundamental to ensuring meaningful results, a validation analysis was perfonned using the Eastern Chula Vista Traffic Phasing Plan (ECVTPP) dated January 1991 prepared by Willdan Associates. Traffic forecasts were generated and the results compared with the results given in the ECVTPP approved projects plus Rancho Del Rey SPA III (Scenario 2 circulation system). The eight stages considered by the model during the process of analysis are as follows: Stage 1, Zone (subsection) Definition; The study area is subdivided into sectors called traffic analysis zones (TAZ's) in a logical fonnat so that travel demands can be estimated. Stage 2, Land Use Data; Proposed land use and projected development scheduling is entered into the model so that trip generation amounts and types may be detennined. Stage 3, Trip Generation; Trip generation rates obtained from completed traffic studies are used to detennine the number of trips beginning and ending in each zone. 17 /tf 17- '-/~ Interim State Route 125 - Circulation Network Analysis Stage 4, Highway Network Coding; The highway system is coded consistent with SANDAG's "Regional Transportation Models" publication. Coded elements include speed, distance, time, and direction. Stage 5, Zone to Zone Path Selection; Based upon the highway codes previously created, paths between zones are determined. This enables the model to generate zone to zone time and distance matrices. Stage 6, Trip Distribution; Identifies traffic distribution patterns by linking trip origination points with termination points. Stage 7, Peak/Off-peak Time Factoring; Daily trips are separated into peak and off-peak intervals so that origination and destination tables may be generated for each period. Stage 8, Traffic Assignments; Daily trips between the zones are assigned to the street network for peak and off-peak intervals. Traffic volumes may then be obtained for each period. 3.2 Development Phasing To determine the minimum acceptable interim facilities and circulation improvements needed, a clear understanding of development scheduled to occur within the City's sphere of influence is criticaL Projected construction schedules by land owners within the study area was amassed and is graphically illustrated in Figure 3.2.1. The scope of work for this study required an analysis of probable stages of development in terms of Equivalent Dwelling Units (EDU's) which were determined upon examination of jurisdictional restraints in conjunction with the location and timing of each project. This study includes two traffic forecasts: I. Stage 6 Forecast: This is a traffic forecast for the ultimate build-out conditions for the Eastern Territories with the exception of Otay Ranch, a 23,000 acre holding, which only includes build-out of Villages I & 5. Total build-out of Otay Ranch is not examined here as it is anticipated that the freeway or tollway within the SR 125 corridor will be in place prior to that time. The development level of this stage is estimated at approximately 444,000 new daily vehicle trips. 18 ; '(/1 / Y6, Interim State Route 125 - Circulation Network Analysis SR 125 CORRIDOR UPPER OTAY RESERVOIR '. \~ \ ....-:--.... .",.-..-....-: ~.. ..--.... .._i CHULA VISTA of/..~""G"- LOWER OTAY RESERVOIR ClAY RANCH ..-....- ....".. .' ,. ,......,...... ."................ .' ,......- .' .........- ,............- .-.... ~ :L-: LEGEND ~ PROJECTED DEVELOPMENT DEVELOPMENT BOUNDARIES ~ DEVELOPED AREAS CITY STREET ~ INTERSTATE 4 STATE ROUTE ST A TE ROUTE 125 CORRIDOR CITY SPHERE OF INFLUENCE No Scale Figure 3.2.1 - Estimated Land Development Phasing Schedule 19 !i/f! ~ Lf 7 Interim State Route 125 - Circulation Network Analysis 2.Mid-Range Forecast: This is a traffic forecast for a mid-range land use development that does not include the full construction of SR-125. Instead this forecast assumes only one segment within the State Route 125 corridor as part of the interim facility plus some local road improvements to support a total of approximately 352,000 new daily vehicle trips. The study area is broken into Traffic Analysis Zones for the purpose of tabulating land use data and estimating travel activity. Generally, circulation element roads and geographic features (hills, canyons and river beds) are used to delineate zone boundaries. Figure 8.1 graphically illustrates the boundaries of the TAZ's within the study area as defined by SANDAG in the creation of their TRANPLAN computer model. The land use for this study was obtained from several sources including the City's General Development Plan, Specific Planning Area Plans, Tentative Maps and Final Maps. Land use has been estimated for each TAZ in the study area and divided into the following categories: 1. Residential; 2. Industrial; 3. Commercial; 4. Office; 5. Olympic Training Center (OTC); 6. Golf Courses; 7. Schools; 8. Public; 9. Parks; 10. Medical Center; and 11. Church use. Trip Generation Rates utilized for each of these land uses were provided by the City of Chula Vista and are shown below: Table 3.2.1 - Trip Generation Rates Per Land Use Designation Land Use Trip Generation Rate (Trips per Unit) Residential - Single Family Detached 10 per Single Family Detached (SFD) Dwelling Unit, 8 per Single Family Attached (SFA) and 6 per Multi Family Attached (MFA) Industrial 200 per Acre Commercial 500 per Acre Office 300 per Acre OTC 33 per Acre Golf Courses 8 per Acre Schools 100 per Acre 20 /1/; '16 Interim State Route 125 . Circulation Network Analysis Table 3.2.1 - Trip Generation Rates Per Land Use Designation Land Use Trip Generation Rate (Trips per Unit) Public 50 per Acre Parks 5 per Acre Medical Center 26 per 1,000 Sq. Ft. Church 40 per Acre The Financing Plans that will be utilized for the funding of improvements uses a lower rate of 250 trips per acre for commercial land use in order to recognize common trips (passerby trips) and avoid double counting. Also to be conservative, the GTC is shown as 0 trips for the financial plan. Similarly, churches have been reduced from 40 trips per acre to 0 trips per acre since they are considered to be primarily local trips. To better understand the development phasing within the region, land holdings have been grouped by developer and tabulated with their respective T AZ's as provided in Table 8.1 in the Technical Appendix, Land Use Classification Section. A summary of these groupings are as follows: L Rancho Del Rey (RDR) 2. Eastlake 3. Sunbow 4. Olympic Training Center (GTC) 5. Salt Creek I 6. Salt Creek Ranch 7. San Miguel Ranch 8. Gtay Ranch (further divided into Village I and Village 5) 9. Montillo 10. Bonita Meadows 1 L Canyon View 12. Woodcrest Southwestern 13. Ladera Villa 14. Woodcrest Terra Nova 15. BaldwinfT.C.R. Project All of the TAZ's within each development have been listed and the trips are calculated utilizing the trip generation rates mentioned above. An itemization of generated trips by T AZ is also provided in Table 8.1. 21 /i/A ~ If! Interim State Route 125 - Circulation Network Analysis 3.3 Traffic Forecasts The Work Program for the Interim State Route 125 Toll Facility Consulting Services calls for the analysis of SR-125 and related facility requirements associated with the projected levels of land use development in Eastern Chula Vista as described above. The two land use alternatives (Stage 6 and Mid-Range) for Eastern Chula Vista have been developed and analyzed. The Stage 6 alternative represents the highest level of land use development that will be analyzed during this study. This development level has resulted in 444,000 daily vehicle trips. The Mid-Range alternative represents a lower level of land use development estimated at 352,763 daily vehicle trips. 3.3.1. Stage 6 Forecast: Figure 3.3.1a graphically illustrates an assumed street system for this level of land use development and Figure 3.3.1b shows the daily traffic forecast based upon the associated land uses. The roadway system assumed for the forecast analysis includes additional roadways necessary to support the higher level of development in Eastern Chula Vista. More specifically, the roadway system includes the following roadway additions: 1. The extension of East Orange Avenue eastward to Hunte Parkway; 2. An Interim State Route 125 roadway from the East Orange Avenue extension to SR-54; as a starting point, at-grade intersections were assumed at East Orange Avenue, Telegraph Canyon Road, East H Street, and Proctor Valley Road; overpasses with no direct connections to SR -125 were assumed at East Lake Parkway and San Miguel Road; 3. The extensions of Otay Lakes Road and Paseo Ranchero southward from Telegraph Canyon Road to East Orange Avenue; and 4. The construction of a half-diamond interchange on 1-805 at East Palomar Street (with ramps to and from the north) and the extension of East Palomar Street eastward to Otay Lakes Road. The traffic forecast for the Interim SR 125 facility calls for: 1. Approximately 22,000 vehicles per day at its southern end (in the vicinity of East Orange Avenue); 2. Approximately 52,000 vehicles per day between Telegraph Canyon Road and East H Street; and 3. Approximately 72,000 vehicles per day at its northern end (in the vicinity of SR-54). 22 Ii/) ~51J Interim State Route 125 - Circulation Network Analysis 5WEETW A TER RESERVOIR I', . " i ........... """: I '---'" . SR 125 CORRIDOR "-"1 I . ___wo , J I N HO JANAL UPPER OTAY RESERVOIR \ \. LOWER OTAY RESERVOIR ."r.li.- 01'" ;z ~ ~----~ ~~ / ~c /' Q: ...........-....-.... -' ........,..... ..-.... -' .' ..-...._..__...._...._ L. -......... . yo: .....-..... . r ....... \ t::..: , ':iJ OTAY VALLEY AVE LEGEND ~ '" ~ INTERSTATE -<2l- 5T A TE ROUTE _ _ . 5T A TE ROUTE 125 CORRIDOR CITY STREET o FULL INTERCHANGE D PARTIAL INTERCHANGE __'_n_ CITY SPHERE OF INFLUENCE No Scale Figure 3.3.1a - Circulation Network Assumptions for Stage 6 23 / tj /! 57 Interim State Route 125 - Circulation Network Analysis r........ . " I '. --~. I L....: t-: ! i , ! SR 125 1 .----, CORRIDOR...._.! i UPPER OT A Y RESERVOIR ----..-...----..--- '------------ ............"........ ,...-... \'[ ~_." __J ,- ._.._..J ! LOWER OTAY I RESERVOIR I ! ,.._..J ,/ ../. .......--"' .................. \ \ .. ...--. ...-!:...-"--; -.- . -' CHULA VISTA 109 i' 805 LEGEND ~ INTERSTATE ~ STATE ROUTE _ _ . ST A TE ROUTE 125 CORRIDOR o FULL INTERCHANGE D PARTIAL INTERCHANGE _______ CITY SPHERE OF INFLUENCE No Scale CITY STREET Figure 3.3.lb - Average Daily Traffic Forecast for Stage 6 24 jLJ-1-f;Z Interim State Route 125 . Circulation Network Analysis The highest level of land use development analyzed in the earlier ECVTPP Study (Scenario 4) generated only 294,000 daily vehicle trips, compared to the 444,000 generated by development in this study. However, the traffic forecast on SR-125 is lower for this development level than it was for the ECVTPP Scenario 4 as follows:. 1. The ECVTPP developer phasing year 1995 (Scenario 4) traffic forecast for the northern end of SR 125 was 108,000 vehicles per day, compared to 72,000 for this study; and 2. The ECVTPP Scenario 4 traffic forecast for East Orange Avenue near I. 805 was 74,000 vehicles per day, compared to 53,000 vehicles per day for this study. Table 3.3.1 summarizes the traffic volumes generated by this level of development and compares them to the Standard Capacity Rates provided by the City of Chula Vista's Traffic Department. Table 3.3.1a Stage 6 Daily Traffic Forecast Lanes & Functional Standard Capacity Stage 6 Daily Roadway Segment class(sii) (b) Traffic Interstate 805 Otay Valley 8F 160,000 \09.000 RdlEast Orange Ave East Orange 8F 160,000 139,000 Avelfelegraph Cyn Rd Telegraph Cyn 8F 160,000 175,000 RdlEast H St East H StIBonita 8F 160,000 219,000 Rd Bnnita RdlState 8F 160,000 224,000 Route 54 North of State 8F 160,000 213,000 Route 54 State Route 54 West of j.805 6F 120,000 97,000 I.805/Reo Dr 6F 120,000 106,000 Reo Dr/Woodman 6F 120,000 92,000 Ave 25 /1//5) Interim State Route 125 - Circulation Network Analysis Table 3.3.1a Stage 6 Daily Traffic Forecast Lanes & Functional Standard Capacity Stage 6 Daily Roadway Segment Class(s)") (b) Traffic Woodman 6F 120,000 75,000 A veIBriarwood BriarwoodlState 6F 120,000 77,000 Route 125 East of State 6F 120,000 124,000 Route 125 Interim State Route 125 -East Orange A venuel 4E (c) 22.000 Telegrapb Cyn Rd Telegraph Cyn 4E (c) 52.000 RdlEast H St East H StlSan 4E (c) 63.000 Miguel Rd San Miguel 4E (c) 72,000 RdlState Route 54 Bonita Road East of 1-805 4M 30.000 47,000 West of Willow 4M 30,000 33,000 Street West of Otay 4M 30,000 39,000 Lakes Rd East of Otay 4M 30,000 25,000 Lakes Rd West of Central 4M 30,000 19,000 Avenue East H Street East of Paseo 6P 50,000 46.000 Ranchero West of Otay 6P 50,000 39.000 Lakes Rd East of Dtay 4M 30,000 28,000 Lakes Rd West of Corral 4M 30,000 23,000 Canyon Rd 26 F! /J ~S7 Interim State Route 125 - Circulation Network Analysis Table 3.3.1a Stage 6 Dally Tramc Forecast Lanes & Functional Standard Capacity Stage 6 Daily Roadway Segment Class(sYI) (b) Traffic East of Corral 4M 30,000 23,000 Canyon Rd West of State 4M 30,000 23,000 Route 125 East of State 6P 50,000 28,000 Route 125 Telegraph Canyon Road East 1-805 6M 40,000 63,000 East of Pasen Del 6P 50,000 47,000 Rey West of Paseo 6P 50,000 43,000 Ranchero East of Paseo 6P 50,000 36,000 Ranchero East of Otay 6P 50,000 34,000 Lakes Road West of State 6P 50,000 59,000 Route 125 East of State 6P 50,000 63,000 Route 125 West of Eastlake 6P 50,000 44,000 Parkway East Orange Ave. East of 1-805 6P 50,000 53,000 East of Medical 6P 50,000 56,000 Center Dr West of Paseo 6P 50,000 55,000 Ranchero East of Paseo 6P 50,000 46,000 Ranchero East of Otay 6P 50,000 48,000 Lakes Rd West of State 6P 50,000 48,000 Route 125 27 J'-Ih -55 Interim State Route 125 - Circulation Network Analysis Table 3.3.1a Stage 6 Daily Traffic Forecast Lanes & Functional Standard Capacity Stage 6 Daily Roadway Segment Class(s)<.) (b) Traffic East of State 6P 50,000 32,000 Route 125 East of Eastlake 6P 50,000 29,000 Parkway Otay Lakes Road South of Bonita 6P 50,000 22,000 Rd North of East H 6P 50,000 20,000 Street North of 6P 50,000 35,000 Telegraph Cyn Rd North of East 6P 50,000 12,000 Orange Ave East Palomar Street East of 1-805 4M 30,000 30,000 East of Medical 4M 30,000 26,000 Center Dr East of Paseo 4M 30,000 15,000 Ranchero Paseo Ranchero South of 6P 50,000 24,000 Telegraph Cyn Rd North of East 6P 50,000 16,000 Orange Ave (a) # = number of lanes; F = Freeway; E = Expressway; P = Prime; M = Major; C = Collector (b) Level of Service C capacities are used for all facilities except freeways. for which Level of Service E capacities are used. (e) Capacity varies depending on configuration of intersections and interchanges; more detailed intersection/interchange analysis indicates the facility will operate at Level of Service C or better throughout. These differences are significant and appear illogical. However, they can be explained. The roadway network used to develop the ECVlPP Scenario 4 forecast differed from the roadway network used to develop this forecast in several ways: 28 / '//) ~ C;Z TntPrirn ~t~tf': Rontf': 1 '" . rirrnlMinn Nf':twnrk An~ly~i~ 1. There are some differences in the roadways included in each network (for example, the Scenario 4 network does not include the half-diamond interchange at Palomar on 1-805); however, these differences are relatively minor and do not significantly contribute to the traffic volume differences between the two forecasts. 2. The major difference between the two networks, and the real cause of the differences between the two forecasts, is the travel speeds coded in the two roadway networks for SR 125, East Orange Avenue and 1-805; in the ECVTPP Scenario 4 network, SR 125 and East Orange Avenue were coded with a higher speed (55 mph) than was 1-805 (50 mph); for the forecast completed herein, travel speeds on East Orange Avenue and SR 125 were reduced to 45 mph and speeds on 1-805 were increased to 55 mph. Additional analysis performed as a part of this study demonstrated that the higher speeds on East Orange Avenue and SR 125 did divert a significant amount of through traffic from 1-805 onto East Orange Avenue and SR 125. This diverted traffic passes through Chula Vista without stopping. Almost all of the differences in SR 125 and East Orange Avenue traffic volumes between the ECVTPP's Scenario 4 and this study is the result of diverted through traffic. The additional analysis also indicated that even more traffic could be diverted if sufficient capacity were provided on East Orange Avenue and SR 125: the northern portion of SR 125 could attract as much as 130,000 vehicles per day. While the diversion of through traffic may relieve congestion on 1-805, and while it may be a good target market for a future toll road in the SR 125 corridor, it is very important to recognize that this diverted traffic is in no way related to the land use development proposed for Eastern Chula Vista. For this study, travel speeds on East Orange Avenue and SR 125 were reduced to 45 mph and speeds on 1-805 were increased to 55 mph to reflect a more realistic forecast The effect of these changes was to minimize the amount of diverted through traffic on SR 125 and East Orange Avenue in the traffic foreCast Consequently, the analysis for SR 125 and East Orange Avenue is much more closely related to proposed land use development in Eastern Chula Vista. Because a forecast that minimizes diverted through traffic on interim SR 125 and East Orange Avenue is most closely related to proposed land use developments in Eastern Chula Vista, it is in many ways very logical that such a forecast be used as the basis for sizing the interim SR 125 facility. Most importantly, the primary purpose for the interim SR 125 facility is to support additional land use development within Eastern Chula Vista. Based on Stage 6 forecast, the following facilities would be recommended in the SR-125 and East Orange Avenue corridors to accommodate foreCast traffic at Level of Service C. (LOS C represents a minimum operating level of service as described in the City's policy entitled "Threshold/Standards and Growth Management and Oversight Committee"): 29 ) 'I /! '/~7 Tntpnm ~t~tp Rnlltp 114\ _ f'irrnlMinn Nptwnrk Anl=lly<:.i<:. 1. East Orange Avenue would be constructed as 6-lane Prime Arterial with at-grade intersections from 1-805 to SR-125; based on HCM signalized intersection capacity analysis, all major intersections can be configured to provide Level of Service C; the 1-805/East Orange Avenue interchange would have to be modified to provide LOS C. (Work along 1-805 is not included within the financing plan outlined in Section 6, Funding). 2. An interim SR-125 would be configured as a 4-lane Expressway from East Orange Avenue to SR-54; based on HCM signalized intersection capacity analysis, grade separated interchanges are necessary at 1) Telegraph Canyon Road, 2) East H Street, and 3) Eastlake Parkway; at-grade intersections can be configured to provide Level of Service C at East Orange Avenue and San Miguel Road (or a new road to be constructed south of San Miguel Road), but sufficient Right-of-Way should be acquired to allow eventual grade separations at both locations. The City's Level of Service Standards used to develop these recommendations are derived from the City of Chula Vista Circulation Element of the General Plan in conjunction with volume to capacity ratios and are summarized in the following table: Table 3.3.1b - City of Chula Vista Roadway Capacity Standards* Average Daily Vehide Trips Roadway Level of Service (VlC Ratio) X -Section Class (feet) A (.6) B (.7) C (.8) D (.9) E (1.0) Prime Arterial 104/128 37,500 43,800 50,000 56,300 62,500 Major Street (6 lanes) 104/128 30,000 35,000 40,000 45,000 50,000 Major Street (4 lanes) 80/104 22,500 26,300 30,000 33,800 37,500 Class I Collector 74/94 16,500 19,300 22,000 24,800 27,500 Class II Collector 52/72 9,000 10,500 12,000 13,500 15,000 Class III Collector 40/60 5,600 6,600 7,500 8,400 9,400 . LOS "C" Capacities are from the City of QlUla Vista Circulation Element of the General Plan. Other Levels of Service are derived by volume to capacity 01/c) ratios. 1his is only a guideline and capacities included in lhis table represent urban conditions. Rural roadways with little side friction and/or widening at intersections can accommodate much higher volumes than stated on this table. Stage 6 Forecast Summary The Interim SR 125 facility tested under this alternative includes a full-diamond interchange at Telegraph Canyon Road and a half-diamond interchange (with ramps to and from the north) at 30 /'-//J /5r Tntmm ~t~tp Rnntp 11<:; _ rirrlll~tinn Nptwnrr An~ly<.::jc;: Eastlake Parkway. The half-diamond interchange at Eastlake Parkway could be replaced with an overpass (eliminating access to and from SR 125) but doing so would result in the need for loop ramps at the Telegraph Canyon Road interchange. The interim SR l25/East H Street intersection could be configured and constructed as an at-grade intersection, but as such it would only provide Level of Service D. LOS D is allowed by the Threshold/Standards policy at signalized intersections for a period not to exceed a total of 2 hours per day. Consequently, a grade separated interchange is necessary to satisfy the City's Level of Service C standard. Furthermore, this intersection has already been graded for a grade-separated interchange. The roadway network that was analyzed included an overpass at San Miguel Road and an at- grade intersection at a new road to be constructed slightly south of San Miguel Road (assumed to be Proctor Valley Road). Constructing the interchange at San Miguel Road and an overpass for the new road, or eliminating the overpass at either location would not have a significant impact on the recommendation: I. There should only be one intersection with SR 125 in this area; eliminating the nearby overpass would reduce costs; and 2. The analysis indicates that an at-grade intersection can be configured to provide Level of Service C. As noted earlier, the roadway network included a new I-805/Palomar Street half-diamond interchange (with ramps to and from the north). The analysis indicates that this interchange would significantly reduce congestion at adjacent interchanges and although not a part of this financing plan, would be a valuable addition to the City's Circulation System. Due to the magnitude of these circulation elements and their associated costs, the financial study for Stage 6 indicated this scenario to be a heavy financial burden on the local area. For this reason, Stage 6 has been determined to be an infeasible solution to traffic congestion at this time. 3.3.2 Mid-Range Forecast: Figure 3.3.2a graphically illustrates an assumed street system for this level of land use development and Figure 3.3.2b shows the daily traffic forecast based upon the associated land uses. Although the available capacity for an increase is smaller than a facility built along the corridor, it can continue to be a vital asset to the eastern Territories after the toll facility has been constructed and opened for public access. The roadway system assumed for the mid-range forecast analysis includes additional roadways necessary to support the higher level of development in Eastern Chula Vista. More specifically, the system includes the following roadway additions: 31 /i/1 ~5( Tntf'rim ~t~tP Rnlltp 1?'l _ riJ'("nl~tinn Nptwork An~lyc;:ic;: 1. The extension of East Orange Avenue from the east DIF Boundary eastward to Hunte Parkway; 2. An Interim State Route 125 roadway from Eastlake Parkway to Proctor Valley Road. At-grade intersections were assumed at Eastlake Parkway, East H Street, and Proctor Valley Road; 3. The extensions of Otay Lakes Road and Paseo Ranchero southward from Telegraph Canyon Road to East Orange Avenue; 4. The construction of a half-diamond interchange on 1-805 at East Palomar Street (with ramps to and from the north) and the extension of East Palomar Street eastward to Otay Lakes Road; and 5. The provision of a half-diamond connection from Sweetwater Road and State Route 54 (to and from the north only). This network included all the link coding and speed changes that were applied to the Stage 6 Forecast network. 32 IIIl / to Tntf':'rim StlHP. ROlltp. 17~ _ rirrlll~tinn Np.twork An~lYl;;.il;;. SWEETWATER RESERVOIR ... , .... i ........ '-....J -' SEGMENT 1 SEGMENT 2 SR 125 r----, CORRIDOR-..-' : I i JANAL i I i UPPER OTAY : RESERVOIR I '. \ '.. ~--. .......--.-., '-~" ..-: ,- , .---_,,1 I I I 1 SEGMENT 8 LOWER OTAY RESERVOIR SEGMENT 7 o?J>,\'~G~ " '" " ~ ~ o '" " '" '----..-..--._..._..._ L- '. f- ......~ t 'fnJ -' .' .- -' ..-.................. ,._..J / ./ -' -......... GTAY VALLEY AVE -..- LEGEND "" (" ~ INTERSTATE ~ STATE ROUTE _ _. STATE ROUTE 125 CORRIDOR CITY STREET o FULL INTERCHANGE o PARTIAL INTERCHANGE _,_____ CITY SPHERE OF INFLUENCE No Scale Figure 3.3.2a . Circulation Network AsslllDptions for Mid Range Development 33 )11-1--6) TntPTim ~t::l,tp Rnlltp: 11" _ l'irrlll::atinn Np:twnrk An::l,ly<:.i<:. SWEETW A TER RESERVOIR h ., ; '~""'" .: I .....-' I .-' i I . I SR 125 i r'-" CORRIDOR:.....-' ! 1 l._ , I ! i UPPER OTAY : RESERVOIR I , \ \ \.. .._~ --".---/ '-..-"'-: : .- ,- . ._.._..1 i I 48 I _._._J ,/ ,/ .....-_.....-. ---- -' .' .- ..". ,,-.' ......-.,,-- -' .' .- . J I i 50 III -.--..-...-..-...-... ., 1.._.._..-..-..-..- \. LEGEND -o/INTERSTATE -&r STATE ROUTE _ _. STATE ROUTE [25 CORR[DOR CITY STREET o FULL INTERCHANGE o PARTIAL INTERCHANGE _..____ CITY SPHERE OF [NFLUENCE No Scale Figure 3.3.2b - Average Daily Traffic Forecast for Mid Range Development 34 ) if A -~.:J- Interim ~t::ttp Rnlltp 17" _ rirrlllMion Nptworlr An::tlYl::l<; The traffic forecast for the Interim SR 125 facility calls for: 1. Approximately 19,000 vehicles per day at its section between Eastlake Parkway and East H Street; and 2. Approximately 14,000 vehicles per day at its section between East H Street and Proctor Valley Road. Table 3.3.2 summarizes the traffic volumes generated by this level of development and compares them to the Standard Capacity Rates provided by the City of Chula Vista's Traffic Department and illustrated in Table 3.3.1b earlier. Table 3.3.2 Mid-Range Daily Traffic Forecast Lanes & Functional Standard Mid.Range Forecasts Roadway Segment Class(sl") Capacity'b) Daily Traffic Interstate 805 Otay Valley RdlEast Orange Ave SF 160,000 111,000 East Orange A ve!Telegraph Cyn Rd SF 160,000 151,000 Telegraph Cyn RdlEast H St SF 160,000 191,000 East H StlBonita Rd SF 160,000 232,000 Bonita RdlState Route 54 SF 160,000 236,000 North of State Route 54 SF 160,000 214,000 State Route 54 West of I.S05 6F 120,000 93,000 I-S05/Reo Dr 6F 120,000 101,000 Reo DrlWoodman Ave 6F 120,000 S6,000 Woodman AveIBriarwood Rd 6F 120,000 67,000 Briarwood RdlSweetwater Rd 6F 120,000 72,000 East of Sweetwater Rd 6F 120,000 S7,000 Interim State Route 125 East Lake PkwylEast H St ClIC (c) 19,000 East H StlSan Miguel Rd ClIC (c) 14,000 Bonita Road 35 / L/ /l - d :> TntPrim ~tj:ltf> ROllt!'" 1?.t:; _ ('irrl1'~tinn N!'"twnrlc Anj:llycd~ Table 3.3.2 Mid.Range Daily Traffic Forecast Lanes & Functional Standard Mid-Range Forecasts Roadway Segment Class(s)") Capacity') Daily Traffic East of 1-805 4M 30,000 48,000 West of Willow Street 4M 30,000 29,000 West of Olay Lakes Rd 4M 30,000 36,000 East of Olay Lakes Rd 4M 30,000 30,000 West of Central Ave 4M 30,000 22,000 East of Central Ave 4M 30,000 16,000 North of San Miguel Road 4M 30,000 22,000 East H Street East of 1-805 8P 67,000 70,000 East of Hidden ViSla Dr 6P 50,000 54,000 West of Paseo Ranchero 6P 50,000 47,000 West of Olay Lakes Rd 6P 50,000 35,000 East of Olay Lakes Rd 4M 30,000 25,000 West of Corral Canyon Rd 4M 30,000 20,000 East of Corral Canyon Rd 4M 30,000 21,000 West of Slale Route 125 4M 30,000 16,000 East of Slale Route 125 6P 50,000 14,000 Telegraph Canyon Road East 1-805 6M 40,000 60,000 East of Pasco Del Rey 6P 50,000 42,000 West of Paseo Ranchero 6P 50,000 36,000 East of Pasco Ranchero 6P 50,000 36,000 East of Olay Lakes Road 6P 50,000 42,000 West of Eastlake Parkway 6P 50,000 39,000 East of Eastlake PaJkway 6P 50,000 9,000 East Orange A venue East of 1-805 6P 50,000 52,000 36 11/ /Ljp Li /, /7 ( Tntf>rim ~t~t!'> Rout!'> 1''\ _ ('irf'lIht1on N!'>twnrlr An~ly<:.i<:. Table 3.3.2 Mid-Range Daily Traffic Forecast Lanes & Functional Standard Mid- Rmlge Forecasts Roadway Segment Class(s)(') Capacity') Daily Traffic East of Medical Center Drive 6P 50,000 50,000 West of Paseo Rmlchero 6P 50,000 46,000 East of Paseo Rmlchero 6P 50,000 39,000 East of Otay Lakes Rd 6P 50,000 38,000 West of East Lake Parkway 6P 50,000 38,000 East of East Lake Parkway 6P 50,000 27,000 Olay Lakes Road South of Bonita Rd 6P 50,000 24,000 North of East H Street 6P 50,000 23,000 North of Telegraph Cyn Rd 6P 50,000 33,000 North of East Orange Ave 6P 50,000 12,000 East Palomar Street East of 1-805 4M 30,000 30,000 East of Medical Center Drive 4M 30,000 25,000 East of Paseo Rmlchero 4M 30,000 14,000 Paseo Ranchero South of East H St 4C 22,000 19,000 South of Telegraph Cyn Rd 6P 50,000 20,000 North of East Orange Ave 6P 50,000 15,000 San Miguel Road East of Bonita Rd CIC 22,000 24,000 Sweetwater Road North of Central Ave 4C 22,000 15,000 East of Bonita Rd 4C 22,000 22,000 South of State Route 54 4C 22,000 23,000 Paradise Valley Road East of Meadowbrook Drive 4C 22,000 21,000 37 J '-I /J -~--~ Tnfmm ~f~fp Ronfp 17'=\ _ rirrlll~finn Npfwor1c An~ly<:.ic;:. Table 3.3.2 Mid-Range Daily Traffic Forecast Lanes & Functional Standard Mid-Range Forecasts Roadway Segment Class(s)(') CapacitY'b) Daily Traffic East of Worthington St 6M 40,000 24,000 Briarwood Road North of Sweetwater Road 4C 22,000 21,000 North of SR 54 4C 22,000 17,000 Eastlake Parkway North of East Orange Ave 4M 30,000 13,000 South of Telegraph Canyon Rd 4M 30,000 33,000 North of Telegraph Canyon Rd 4M 30,000 30,000 East of SR 125 4M 30,000 22,000 Hunte Parkway North of East Orange Ave 4M 30,000 21,000 South of Telegraph Canyon Rd 4M 30,000 12,000 North of Telegraph Canyon Rd 4M 30,000 9,000 (a) # = number of lanes; F = Freeway; E = Expressway; P = Prime; M = Major; C = Collector (b) Level of Service C capacities are used for all facilities except freeways, for which Level of Service E capacities are used. (c) Capacity varies depending on configuration of intersections and access control; more detailed intersection/interchange analysis indicates the facility will operate at LOS C or better throughout Mid-Range Forecast Summary The Interim SR 125 corridor tested under this alternative recommends the following new facilities or improvements to existing facilities: 1. Widen Sweetwater Road from SR-54 to Bonita Road; 2. Widen Bonita Road from Sweetwater Road to San Miguel Road; 3. Widen San Miguel Road from Bonita Road to Proctor Valley Road; 4. Construct Proctor Valley Road from San Miguel Road to SR 125; 5. Construct SR 125 from Proctor Valley Road to East lake Parkway; 38 /7/1 -i {; Tntpnm ~t~tp ROlltP: 1?.l\ ~ rirrlllMion Nptworlc An~lyf.:.i~ 6. Extend and Construct East Lake parkway from SDG&E easement to East Orange A venue; and; 7. Extend and Construct East Orange Avenue from East DIF boundary to East Lake Parkway. The roadway network also included a new 1-805/Palomar Street half-diamond interchange (with ramps to and from the north). The analysis indicates that this interchange would significantly reduce congestion at adjacent interchanges and although not a part of this financing plan, would be a valuable addition to the City's Circulation System. 3.4 Additional Analyses Additional analysis were also performed to better understand the function and importance of the proposed East Orange Avenue extension. These analyses include: 1. Defining the origins and destinations of trips using the East Orange A venue extension under the traffic forecasts associated with the development level analyzed herein; 2. The development of a modified forecast which assumed a much lower level of development in the Olay Ranch, and the assignment of this modified forecast to networks with and without the East Orange Avenue extension. These analysis indicated that the East Orange Avenue extension is a critical and necessary component of the future Eastern Chula Vista circulation system. It serves traffic with origins and destinations throughout the Eastern Territories. This facility would be required even with a lower level of assumed development in the Olay Ranch. A select link analysis was performed to define the origins and destinations of trip utilizing the seven sections recommended for improvement or new construction under the Mid-Range forecast. This analysis showed that the benefits from these recommended improvements are widespread and not limited to zones within the new corridor limits. 3.5 Summary The recommended Interim SR 125 facility includes a grade separated interchange at Sweetwater Road and SR 54. At this time, construction and costs for this improvement are projected to be provided by Caltrans during the improvements now taking place along the State Route. This would leave minor improvements to the on/off ramp intersections during the widening of Segment 1. A full listing of the recommended interim facility is as follows: 1. Widening of Sweetwater Road by 8 feet from SR 54 to Bonita Road. This would also include modifications as necessary to existing utilities. Existing Right-of- 39 JLj/J /&, 7 IntPrim ~t~tP Rnntp 1?~ _ ritT'111Minn Nptwnrk An~ly<:;il;. Way for this stretch of roadway appears to be adequate to accommodate the additional roadway width. 2. Reconstruction of the Bonita Road bridge over the Sweetwater River coupled with widening of the roadway from Sweetwater Road to San Miguel Road. 3. Widening of San Miguel Road by 8 feet from Bonita Road to Proctor Valley Road. Like the Sweetwater roadway improvements, this segment would also involve modifications to existing utilities. 4. The construction of Proctor Valley Road within the existing Right-of-Way from San Miguel Road to the proposed alignment of the interim SR 125 roadway segment. 5. Construction of a 52 foot wide section SR 125 within the proposed corridor form Eastlake Parkway to Proctor Valley Road. This segment will not be totally comprised of a portion of the proposed Tollway as a slight realignment of the roadway within the Right-of-Way corridor is required to allow for the connection at Proctor Valley Road. 6. Extension of Eastlake Parkway from the SDG&E easement southbound to the proposed East Orange Avenue Extension. The connection between Eastlake & SR 125 for this interim scenario would be an at-grade intersection. When the State facility is built, this intersection may be converted to a grade separated interchange or a separated crossing allowing no access. This is a function of the toll facility design and should be further addressed at the appropriate time. 7. Extension of East Orange Avenue from the east DIF boundary to the Eastlake Parkway extension. Work would include an roadway at-grade intersection where the two roadway segments join. The following chapters will further review the geometric sections, construction cost estimates, and associated financing opportunities. 40 J Z;/J~t Y Section 4 ENGINEERING CONSIDERATIONS /11--j; ~ TnfPnm ~f!=ltp Routt": 1?.t:; _ Fnginf":f":nng: rnn~irlf":'rnrinn~ 4.0 Introduction No portion of SR 125 extending south from SR 54 has been established although Right-of-Way has been reserved based on the study by Rick Engineering for the ultimate build-out scenario. Approximately seventy five percent (75%) of the territory surrounding this segment has yet to be developed and plans for construction by the large land holders are presently underway. The alignment for the segment extending between San Miguel Road and State Route 54 is still undergoing studies of six possible alignment alternatives by Caltrans including at least one eastern alignment. Each of the alignments were explored by the project team for the purpose of determining the least environmental impact, however, the extent of impact and subsequent mitigation of issues are still largely unknown. While this report discusses impacts relating to the ultimate facility, the primary focus is on the recommended interim facility. To ensure proper planning and design of an interim facility for State Route 125, investigation into factors impacting the surrounding vicinity must be completed. Geometric cross section, constraints to the Right-of-Way required to accommodate required width, terrain characteristics, corporeal constraints, environmental impacts, and funding sources are significant issues which will be addressed. 4.1 Design Criteria Through extensive analysis and coordination with City Staff and local land owners, an interim facility which utilizes much of the existing circulation network was decided upon as the most feasible and appropriate improvements to accommodate projected traffic volumes. Through well planned design and construction phasing, the interim facility can serve the region for many years and assist in the stage construction of the ultimate freeway while holding throwaway costs to a minimum. Geometric Configuration Figure 4.1.1 graphically represents the geometric sections for each segment of the interim facility and indicates the relationship of the new work with what already exists where appropriate: 42 JL!Il-?O IntMim ~tMf" Rontf" 1?.c; _ Fnginppring C'nnfi;.iitp.rntinnfi;. Figure 4. L 1 - Geometric Cross Sections EXISTING ROADWAY = 32 FT. 20 FT. 8 FT. , 12FT 12FT 12FT , I I TRAP I LANE PROPOSED ROADWAY = 52 FT. [============== 12 FT. THROUGH LANES: 2 12 Fr. TRAP LANES: 1 SHOULDER WIDTH: 8 Fr. LENGTH OF WIDENING: 0.26 MIlES LEGEND EXISTING ROADWAY C:===::I NEW CONSTRUCTION BONITA ROAD NOT TO SCALE I: 8FT. T PROPOSED ROADWAY = 52 FT. 12FT 12FT, 12FT '\' 8FT. :\ ' I' I I' PASSING . - LANE' 12 fT. THROUGH LANES: 2 12 fT. PASSING LANES: 1 SHOULDER 'WIDTH: 8 FT. LENGTH OF ROADWAY: 2.OQ MILES OF PROcrOR vALLEY RD. 154 MILES OF INTERIM SR 125 . Passing Lane is used at steep grades as needed. The third lane can also be used as a trap lane. PROCTOR VALLEY RD., INTERIM SR 125, NOT TO SCALE PROPOSED ROADWAY = 74 FT. I~ 5 FT. I ~I' 12 FT I ~I' 12FT I 16 FT .1' .,' ll,boll:<a'iiF ~c 11I_ Tit: 12FT , I, I 12FT t 5F<\ 12 IT. tHROUGH LANES: 4 SHOULDER WIDTH: 5 FT. LENGTH OF ROADWA Y: 3.:!." MILES OF ORANGE AVE. .64 MILES OF EASnAKE EAST LAKE PKWY & EAST ORANGE AVENUE NOT TO SCALE 43 11;9-7/ IntP:rim ~t::tte: Route: 11'\ _ Fnginf':f':ring ron~irle:rntion'" PROPOSED ROADWAY = 52 FT. EXISTING ROADWAY = 44 FT. 8 FT. 8FT. 12FT 12FT. 12FT I r I ~~~ I I c================== 12 FT. THROUGH LANES: 2 12 FT. TRAP LANES: 1 SHOULDER WIDTH: 8 FT. LENGTH OF WIDENING: 1.25 MILES OF SWEETWATER RD. 0.90 MILES OF SAN MIGUEL RD. SWEETWATER RD. & SAN MIGUEL RD. NOT TO SCALE Safetv and Operational Guidelines To ensure that appropriate public safety standards are maintained, City and County design guidelines should be followed along with Caltrans Highway Design Manual for that portion of the facility to be constructed within the State Right-of-Way. This basic policy will address vertical and horizontal sight distances, installation requirements for Metal Beam Safety Rail, and the proximity of cut/fill slopes in relation to the shoulder edges. 4.2 Physical Constraints Soil Conditions The proposed expressway crosses rolling terrain comprised primarily of thin layers of Pleistocene marine and marine terrace deposits, poorly consolidated weathered marine and nonmarine rocks, and underlying granite. Stratigraphy in the region ranges from Jurassic meta-volcanics to Recent alluvium. However, most of the proposed alignment is underlain by sedimentation from the Eocene and Miocene age. Soft, erodible bedrock forms the rolling hills and smaller ravines while hard bedrock form high, steep canyon walls. The Interim SR 125 alignment also crosses Sweetwater River, a large ephemeral stream, at Bonita Road, south of SR 54. In essence, the valley floors are comprised of alluvium and terrace deposits form the flood plains. Aggregate resource regions located throughout the Otay and Sweetwater Valleys are thought to contain suitable construction material which may possibly be utilized for this project. Elevations ranging from approximately 250 to 650 feet above mean sea level are realized along the corridor. Deep crevasse incisions within and perpendicular to the principal canyons suggest that Quaternary formations are easily eroded. In addition, debris flow deposits have been identified in the region south of Sweetwater Reservoir and are comprised of fine grained silty sands, sandy clays, cobbles, and rock fragments from the Otay Formation. Some of these flows have been estimated at over fIfty feet in depth in scattered areas. Slope instability is thought to be the most significant problem in developing this project. Where cuts are required in unstable 44 /14-72 Tntf"'rim ~tMP. Rnllt~ 1?" _ FnoinP:f>:ring rnn~iIiPrnnnn~ areas, slope stability may require mitigation such as reducing the slope ratio to less than 2: I or removal of the slide mass altogether. Furthermore, cut slopes in the Gtay formation may become unstable in time where bentonite beds are undercut. Generally speaking, slope instability should not occur if fill is properly compacted on natural ground that has been stripped of clayey topsoil and properly benched. Right-of-Wav Restrictions Preliminary estimates prepared by Caltrans of the land required for Right-of-Way to construct the ultimate facility through the final stage totals seven hundred and twenty nine (729) acres. The Technical Proposal prepared by CTV for the ultimate toll road estimates that of this amount, approximately four hundred and twenty eight (428) acres will be dedicated by three land development companies and the balance purchased in fee simple. The ultimate State Route 125 Right-of-Way alignment is thought to encroach onto approximately twenty six improved residential parcels and pass through an estimated thirty acres of wetlands which, it is anticipated, will be supplanted elsewhere. Further information concerning these matters is yet forthcoming as the State continues in the preparation of necessary environmental studies along the corridor. Preliminary analysis of the land required for the Interim facility reveals that sufficient Right-of- Way exists for much of the improvements and can be easily obtained where more land is required. In order to secure necessary property not already dedicated for public transportation use, fee credits may be considered in place of purchasing the additional Right-of-Way. It has also been assumed that land will be dedicated by local developers, in turn, minimizing overall Right-of-Way costs. Through preliminary investigations, alignment restrictions due to the presence of hazardous waste is not envisioned as the Right-of-Way is proposed in a region largely removed from developed areas. To ensure a consistent hazardous waste management program nationwide, the Federal Resource Conservation & Recovery Act was enacted. Under this program, identification of waste materials and the proposed means of their disposal are closely monitored. Permits are required for the transportation, treatment, storage, and disposal of hazardous substances. Should waste material be encountered, it would probably be from undocumented dumping or mining practices and mitigation in conformance with jurisdictional regulations would be mandatory. Seismic Potential The four closest active fault zones in the region are the San Andreas, San Jacinto, Elsinore, and San Miguel faults. In addition to these active faults are the potentially active LaNacion and Rose Canyon fault zones. An active fault is defined as one which demonstrates historic seismicity (the displacement of Holocene which is less than approximately 11,000 years old). Potentially active faults do not present this historic record and instead Pleistocene deposits have been displaced which can range from 2,000,000 to 11,000 years old. The Geotechnical Report prepared as part of the EIR presently underway indicates the project area lies within a zone which could experience credible accelerations of OAg in bedrock from a 45 )7/9-7) Tntt'rim ~t::ttt' Routt' 1?l:ii _ Fnginp.p.ring rnno;:irl~tinno;: Maximum Credible Earthquake. According to the Geotechnical Report referred to above, "a maximum credible earthquake on the closest segment of the Rose Canyon Fault would produce bedrock accelerations of 48% of gravity at the north end" of the interim SR 125 alignment. Repeatable High Ground Accelerations, important to the design of structures, are estimated to be approximately 65% of this acceleration. Should a credible earthquake occur in the nearby segments of the Rose Canyon or LaNacion faults, small rock slides at sloped areas and minor cracking of the roadway pavement may occur. Liquefaction and more serious damage than these listed are considered to be insignificant. 4.3 Preliminary Environmental Review State Route 125 proposed alignment will pass through regions of widely varying species of wildlife. The area surrounding most of the central portion of the corridor is past agricultural areas although natural, sensitive habitats are present. The Upper and Lower Otay Lakes Reservoirs are situated toward the central region, approximately three miles east of State Route 125 and adjacent to Otay Lakes Road. Preliminary investigation reveals most of the biologically sensitive areas occur to the north and south ends of the corridor. The major land use surrounding the southern stretch of proposed highway is rolling hills along with the Otay Mesa. The northern region of the corridor incorporates the Sweetwater Reservoir, Sweetwater Regional County Park, Sweetwater River, and Bonita Golf Club. Presently, Caltrans is preparing the necessary Environmental Impact Report for the planned expressway. Technical studies from this effort may also satisfy many of the environmental study requirements for an interim roadway. Separate environmental clearance, however, must be obtained for this project. Air Oualitv The climate of the region is semi - arid (wet winters - dry summers) with even, moderate temperatures. The closest weather monitoring station is the Chula Vista station, located in the Sweetwater region northwest of the proposed corridor western alignments. The mean temperature for Chula Vista is recorded as 600F with the mean minimum and mean maximum temperatures being 530F and 67"F respectively. Due to the terrain surrounding the corridor and its proximity to the Pacific Ocean, the area is well ventilated by land and sea breezes. A local buildup of air pollutants, however, does develop, most frequently during the early morning hours of July, August, and September and is caused by two types of temperature inversions (subsidence and radiation) which are created by a semi-permanent high pressure cell located over the ocean. With the projected rise in regional vehicular traffic volumes, it is reasonable to expect an increase in airborne emissions. Measurements of existing air quality taken at the Chula Vista air monitoring station during 1989 revealed the area is exceeding state and federal standards in ozone, total suspended particulates, and particle size. The State's Clean Air Act of 1988 establishes clean air standards and requires an "Air Quality Plan" be formulated for regions that are in violation of said standards. The plan must include control measures which will meet the set criteria and maintain pollution levels within the established limits. A partial list of transportation system measures designed to reduce motor vehicle pollution along with indirect 46 Ii/? -7/ Tntf'nm St~tP: ROHtf': 1?.l\ _ FnO';nf'P:nng rnn<;:.k'~tinn<;:. regulations aimed at reducing emissions from indirect and area wide sources which attract traffic are as follows: 1. The addition of high occupancy vehicle bypass ramps and lanes; 2. Improving transit service; 3. Require the best design to reduce vehicle trips and travel times; and 4. The balance of land use to reduce trip lengths. Preliminary estimates of the impacts on total regional air pollution levels by improvements within the SR 125 corridor reveal a reduction in the generation of airborne pollutants which is an overall benefit to the San Diego Air Basin. The reason for this is a reduction in congestion on Interstate 805 and other circulation elements which in turn yields a corresponding reduction in trip lengths and times (measures 2 & 3) and the inclusion of HOV lanes in the finished design (measure 1). Noise Impacts Airborne sound is a result of small fluctuations of instantaneous air pressure just above and below barometric pressure and is characterized by frequency (pitch); intensity (loudness); and spectral distribution of energy (quality). Noise is a conglomeration of several frequencies at different levels of intensity and is measured and expressed in decibels (dB). Because of the decreased sensitivity of human hearing at low and high frequencies (around 20 and 20,000 cycles of vibration per second), a weighting system has been established to quantify environmental sounds more closely to the mid-range frequencies. This is called the "A" weighting system and the decibel level is called the A-weighted sound level (dBA). The Chula Vista Municipal Code, Chapter 19.68.010 is an adoption of the National Goals for Noise Reduction established by the U.S. Environmental Protection Agency for noise regulatory criteria. A 65 dBA maximum noise exposure level has been adopted for residential land use and the State of California has set the maximum noise exposure level for schools, parks, and commercial developments at 70 dBA. Established residential neighborhoods in the Bonita area as well as in the vicinity, and to the north of, East H Street are considered to be sensitive areas as they have been constructed without solicitude of a future expressway. The Eastlake development to the south of Bonita has, in contrast, provided for an expressway through developing subdivisions. The proposed SR 125 alignment passes through both residential and industrial regions, and while the noise level in the residential area will most probably require mitigation, industrial complexes are fairly immune to highway noise. Sweetwater park is also a sensitive receptor to noise impacts and results of noise studies should be provided in the State Route 125 EIR to ensure proper noise mitigation designs. The following represents a partial list of factors to be considered when the significance of noise levels and subsequent mitigation designs are to be determined: 1. Topographical features of the surrounding region, 2. The existence of natural screening materials, 47 Ji/)/ 7-~ Tntf"rim ~t~tP ROHtf' 1?.c:; _ Fn~inpp.ring rnn~ir1Prntinnc;: 3. The sensitivity of the receptor and its distance from the expressway, and 4. The volume of traffic at specific hours of the day. Noise barriers such as walls and earth berms may be constructed where conditions allow to help assuage freeway noise, and improvements to off-corridor structures in the form of insulation and screened mechanical equipment may serve to reduce overall noise levels. 4.4 Cost Estimates General Estimated costs for construction of the interim SR 125 facility and its associated Right-of-Way requirements have been assessed using the unit costs provided in the California Transportation Ventures Technical Proposal along with recent construction costs for construction of local roadways recently built and industry standard construction values, all adjusted to reflect 1992 dollars. Aggregate costs provided in the following tables are separated into the various components which the interim facility will be comprised. At-grade intersections and roadway segments are divided separately to more easily allow estimated costs to be determined for phasing analysis. Using the tables in association with a projected phasing plan (similar to the example given in Section 5, Alternative Analysis), the total costs as well as a cost per mile can easily be obtained. Itemized construction cost estimates for the interim facility mainline and at-grade intersections are given in the Technical Appendix, Part E - Cost Estimates. It should also be noted here that Segment 2, Bonita Road improvements over the Sweetwater River, are planned by San Diego County at the present time. Therefore, this segment of Interim SR 125 has been omitted from the estimated costs. Right-of-Wav Costs Right-of-Way costs have been divided into the requirements for each individual segment of roadway including that which is necessary for the at-grade intersections. The amount of Right- of-Way required to accommodate the proposed improvements was obtained through a comparison of what is required against what already exists. It has been assumed that slope easements may be utilized due to the terrain characteristics in lieu of purchasing land beyond that required to accommodate the interim facility. Slope easements are typically not used for this type of project, however, in light of the estimated Right-of-Way expenditures, the use of easements in this way remains a viable alternative to the purchase of land. Furthermore, fee credits may be considered for vacant land held by local developers in place of purchasing Right-of-Way to accommodate the proposed improvements. The expenditures reflected in Table 4.4.1 are specific for each roadway segment. Appraised land values were obtained through various sources on much of the vacant land in the vicinity of the corridor, however, an estimate had to be made on holdings where appraisals were not available. Where this occurred, land values were assumed to be $50,000 per acre. In keeping with the CTV Technical Proposal, acquisition costs of $14,000 per parcel, relocation costs of $2,250 per parcel, and demolition costs of $5,000 per parcel were employed. 48 /ij/j ~ /b TntPrim ~t:::atP: Rnlltp 1"~ _ Fn~inpp:ring ('nn<:.ir1~tinn<:. Table 4.4.1 Interim SR 125 Right-or-Way Cost Estimate Description Seg. l' Seg. 2' Seg. 3' Seg.4' Seg. 5' Seg. 6' Seg. 7' Vacant Land $0 $0 $0 $365,000 $190,000 $0 $0 Residential Land $0 $0 $0 $0 $0 $0 $0 Along San Miguel Road Appraisals $0 $0 $0 $2,500 $5,000 $0 $0 Closing Costs $0 $0 $0 $400 $1,900 $0 $0 Acquisition Costs $0 $0 $0 $36,000 $18,000 $0 $0 Relocation Costs $0 $0 $0 $0 $0 $0 $0 Relocation $0 $0 $0 $0 $0 $0 $0 Assistance Contingeucy (15%) $0 $0 $0 $60,585 $32.235 $0 $0 Total $0 $0 $0 $464,485 $247,135 $0 $0 Mainline Costs The mainline construction cost estimate was prepared for the interim facility described in section 3 utilizing the sections as shown in Figure 4.1.1. Earthwork quantities were ascertained with the use of known construction quantities for new facilities in the region and preliminary widening designs. There is a relatively small amount of impact to eXlstmg utilities along the proposed improvements. For instance, segments one and three may involve relocation of above ground power and telephone lines. There will also be some impact on water and sewer along the first three segments. A summary of various costs including construction and Right-of-Way are shown by roadway segment in the table below. In order to account for construction mobilization, a 10% cost adjustment has been added to the total estimate along with a 15% contingency, both of which are fairly standard for the industry. 49 /u ~'77 Tntf'rim ~t~tP. Rnntp. 1'.1\ . Pnfinf"f':ring C'nn.;;.iciPrntinn.;;. Table 4.4.2 Interim SR 125 Mainline Capital Cost Summary Description Seg. 1* Seg.Z" Seg. 3" Seg.4" Seg. 5* Seg. 6" Seg. 7" Project $18,242 $0 $17,364 $109,150 $87,826 $38,735 $192,306 Support (2%) Design (6%) $54,727 $0 $52,093 $327,449 $263,479 $116,206 $576,917 Construction Inspection $54,727 $0 $52,093 $327,449 $263,479 $116,206 $576,917 (6%) Right-of-Way $0 $0 $0 $464,485 $247.135 $0 $0 Construction $912,113 $0 $868,213 $5,457,475 $4,391,315 $1,936,767 $9,615,281 Total $1,039,809 $0 $989,763 $6,686,008 $5,253,234 $2,207,914 $10,961,421 Round to $1,040,000 $0 $990,000 $6,686,000 $5,253,000 $2,208,000 $10,962,000 $1,000 Intersection Costs Estimated construction costs for the various at-grade intersections include reconstruction of existing street approaches to the interim facility which accounts for the necessary changes in grade. Earthwork, asphalt pavement, and adjustments to traffic signals are also included in the estimates. Table 4.4.3 is a summary of costs associated with each individual intersection. 50 J,//l- ),>5' IntPrim ~tatp. Rnntp. 1?t;j _ Fnginf>f>ring rnm:1rt~tinn~ $2,370 $3,694 $3,694 $7,538 N/A N/A N/A N/A $39,500 $61,563 $61,563 $125,625 $45,030 $70,182 $70,182 $143,214 $45,000 $70,000 $70,000 $143,000 ProctorlSR 125 SR 125/Eastlake EastlakelOrange $2,869 $2,633 $3,031 $8,606 $7,899 $9,094 $8,606 $7,899 $9,094 N/A N/A N/A $143,438 $131,656 $151,563 $163,519 $150,087 $172,782 $164,000 $150,000 $173,000 Table 4,4.3 At-Grade Intersection Capital Cost Sununary Description SR 54! Sweetwater Sweetwater! Bonita Bonita! San Miguel Project Support (2%) $790 $1,231 $1,231 Design (16%) $2,370 $3,694 $3,694 Construction Inspection (6%) Right-of-Way Construction Total Round to $1000 Description Project Management Design Construction Management Right-of-Way Construction Total Round to $1,000 Cost Summary San MigueV Proctor $2,513 $7,538 A summary of the total estimated cost for constructing the full interim facility as described in section 3.4 earlier in the report is given in Table 4.4.4 below. Figure 4.4.1 on the next page graphically illustrates a summary of estimated costs for each component of which Interim State Route 125 may be comprised. 51 /'1/1 ~?( Description Project Support (2%) Design (6%) Construction Inspection (6%) Right-of-Way Construction Total Round to 1,000 Tntffim ~tatp Rnntp 11" _ Fng1nppring ron<:.iitf"rntinn<:. Table 4.4.4 Interim SR 125* & East Orange Ave. Capital Cost Summary Seg.I-7 Intersections $463,623 $1,390,871 $1.390.871 $711,620 $23,181,164 $27,138,149 $27,138,000 * Full build-out of the interim SR 125 facility and East Orange Avenue $14,298 $42,895 $42,895 $714,908 $814,996 $815,000 $27,953,145 $27,953,000 52 ;L//j-:YO Tntf>rim ~t::.tf> Rnlltf> 1?" _ Fn~inf>f'rinf l'nn.;;.inf>rntinn.;;. Grade Seperated Interchange SR 5~ Sweetwater Rd At - Grode Intersection 2 At - Grade Intersection Son Miguel Rd At - Grade Intersection Proctor Volley Rd At - Grode Intersection SR 125 At - Grode Inter-section East Lake Pkwy 6 At - Grode Intersection East Orange Ave Figure 4.4.1 - Interim SR 125 Estimated Construction Cost Summary Interim SR 125 de S Estimate ost ummarv Roadway I At-Grade I Grade Sep. i I Intersections I I Segment i Intercham!es Total $45,000 i J I I $1,040,000 I i i $70,000 I N/A $0 $70,000 N/A $990,000 , i $143,000 I N/A I , I $6,686,000 i I i I , , $164,000 N/A , --J I I $5,253,000 i i I J , I --------, I $150,000 N/A , I I I . $2,208,000 I , J I $173,000 N/A I I i I ! $ 10,961,000 , I 1------.. --- $27~953,OOO Total SR 125 Estimated Cost 7 53 /1/J -%/ IntPrim ~t:::Jtp. Rnlltp 1?~ _ Fnoinpf"ring rnn<:ifipr.:at1nn<: 4.5 Interim Recommendations One of the strategies in developing a feasible interim project is to phase construction in a manner that meets the local need while not creating excessive costs. By following this procedure for the interim facility, the environmental documents prepared for the toll road may also be employed for any interim segment which is constructed within the planned Right-of-Way. Furthermore, construction costs and the time required to provide necessary improvements would be held to a minimum. The following bar graph, Figure 4.5.1, provides a summary of how a program can be structured. The 220,000 trips includes the original 195,000 trips plus 25,000 additional trips identified during the study process. Figure 4.5.1 - Example of Construction Phasing Phase Three 352,000 Phase Two Roadway Widening i i I - Segmenl J I _ Segmenl 2 i-segment 3 I - Intersection ! Improvements NETWORK CAPACITY (TRIPS) ! New Construction Phase One i I _ Segment 6 Segment 7 New Construction Intersection Improvements Segment 4 Segment 5 Intersection Improvements 195,000 Approved Plans YEARS Figure 4.5.2, the recommendation as described in section 3.5 earlier in this study, represents the full build out condition for an interim facility for the State Route 125 corridor. Its connection with State Route 54 is a temporary, grade separated interchange which will be constructed by Caltrans during the freeway improvements. 54 ) i/J /Y.:L Grade Seperoted Interchange SR 54 Sweetwater Rd At - Grade Intersection 2 At - Grade Intersection San Mlguel Rd 3 At - Grade Intersection Practor 4 Valley Rd At - Grode Intersection SR 125 5 At - Grade Intersection East Lake Pkwy 6 At - Grade Intersection \ East Orange Ave 7 IntPrim "t~tf": Ronlf> 1?.c:; _ Fn2"inf>f"ring rnnc;:itll""rntinnc;: Figure 4.5.2 - Recommended Interim Roadway Segment I Intersection I I I Width Tvoe ADT I LOS I I 2 Lanes ! i 21,000 i I Intersection C 2 Lanes I i Intersection C , , 2 Lanes 18,000 Intersection C , 2 Lanes 15,000 i Intersection C I , , , 2 Lanes I 15,000 : , , I Intersection 1 C I I 4 Lanes I 10,000 I I I Intersection C , 4 Lanes 36,000 , I , I 55 /lil /63 Tntpnm S:tMf': ROHtf': 1,,, _ Fn~inpp:ring rnno;;irlf'1"~tinno;; 4.6 Summary Presently, Caltrans is in the process of preparing the Environmental Documents mandated by law for a facility of this nature. This same document can be utilized for segment 5 of the interim facility providing its alignment does not transcend beyond the Right-of-Way limits established for the consummate facility until it ties in to the existing Right-of-Way for segments 4 & 6. Once the EIR is complete, impacts on surrounding habitat will be known, required mitigation measures will be outlined, and fiscal impacts can be assessed. 56 / LIIl-~Y Section 5 ALTERNATIVE ANALYSIS li;1 -ff5 IntPrim ~t::ttt" Routt" 1'" _ A1tt"rn~tivp. An~ly~;~ 5.0 Introduction Projected development thought to occur within the next ten years and the impact of subsequent traffic volumes assessed in Section 3, Circulation Network Analysis, are an important part in the process to determine the proper interim facility for the SR 125 corridor. Relative costs for construction of the facility weighed against available funds are also a key component in this program. The need for a roadway in this region has already been demonstrated and alternative financing sources will be discussed in the next section of this report. Although each of these subject matters are important, conceptual designs, traffic operations, phasing possibilities, and schedule forecasts are also an integral part of this process and will be discussed in this section. 5.1 Conceptual Designs Utilizing the design criteria established in section 4.1, an interim facility could be constructed so that it is truly an "interim" roadway to the planned ultimate highway. As the name implies, an interim facility would serve as a provisional facility until such time as the thoroughfare can be buill The ideal situation would involve a roadway which could easily become part of the ten lane toll road and as such, design requirements should be held to the same restrictions as the final SR 125 facility. As ideal as this may be, it is financially too expensive. Improvements to the existing and planned circulation network, however, can accomplish the same objective as a portion of the tollway while dropping construction costs substantially. The off-corridor improvements are not capable of carrying the volume of the Stage 6 alternative but the region can be adequately served and the improvements will not for the most part be replaced when the State Route is completed. Figure 4.1.1 has already addressed roadway sections which would meet the traffic requirements of the City of Chula Vista. When various segments are built remains within the phasing plan as accepted and approved by the appropriate agencies. Methods of minimizing unnecessary costs associated with construction phasing are best managed during the preliminary design phase and when it is determined various elements will be needed. Initial construction expenditures will be more closely matched to available capital and since introductory funds will take time to accumulate, expenditures for design and Right-of-Way will be required first and available funds for construction will come second. In conclusion, construction scenarios that provide as much of the ultimate facility without a large amount of "throwaway" costs is the most economical and efficient manner in which to provide the requisite facility. Furthermore, proper standards of traffic operations should also be provided. 5.2 Traffic Operations The ultimate project considered inside the proposed Right-of-Way will be a ten lane tollway which will provide the traffic operations and safety enhancements of a freeway with a full freeway to freeway interchange at SR 54, and service interchanges at East "H" Street, East Lake Parkway, and Telegraph Canyon Road. This will provide adequate highway access to the developing area well into the future. 58 JL-I-/I ;<t& IntM"im StMP. Routt'" 1'::; _ A1tp.m~tivp. An~ly<:i<: The interim facility is intended to satisfy traffic needs until such time as the freeway is constructed and enhance the circulation network after SR 125 has been built. The traffic operations will therefore gradually evolve and change as staging of SR 125 and the interim facilities proceed. For the purposes of this feasibility study, the traffic operations considered will focus on guidelines that will have to be further pursued in the final design phase of the project. For further clarification, see the exhibits in section 5.3. As the interim facility develops, required traffic operations can be further analyzed and designs for signalization and traffic control can be completed. Once SR 125 is under construction, construction staging and phasing will be coordinated to ensure smooth traffic flow through construction areas. Most of the interim improvements are removed from the SR 125 corridor, however, construction interference with traffic operations can be expected at the following locations: 1. Sweetwater Road and SR 54: Once SR 125 is open, this interchange may become an interference to traffic operations at the interchange between the two freeways. This would mean that the on and off ramps would have to be eliminated and driving habits would be disrupted. 2. San Miguel Road and Proctor Valley Road: The projected alignment for SR 125 is close to the proximity of this intersection. Once construction starts on SR 125 in this region, careful coordination and construction staging will have to be carried out to ensure disruption to traffic operations are held to a minimum. 3. Segment 5, Interim SR 125: This segment will be affected most since the proposal is to build the roadway within the SR 125 corridor. Construction staging and detouring will become crucial to maintain required traffic volumes when SR 125 is being built. 5.3 Phasing Scenarios The traffic forecast analysis results given in Section 3.3 indicates that the interim SR 125 should be a facility comprised of improvements to the existing network along with new roadways. Although the recommended facility is required for traffic mitigation, regional growth will be one of the driving forces in ascertaining when improvements need to be provided. As the level of development studied in this analysis is projected to occur over the next several years, the entire Interim SR 125 improvements are not as yet required. Therefore, phasing of the facilities is the most economically efficient manner of construction. One strategy in developing this type of project is to phase the construction similar to the example given in section 4.5. The following discussion and related cost estimates is a reflection of the phasing scenario shown in Figure 4.5.1. Development throughout the region will be one of the driving forces in ascertaining the phasing of the interim SR 125 and further traffic analysis may 59 /1//1 ~Y7 Tntt"rim ~t~tt" Routt" 11" _ A1tf"m~tivt" An~lyc;:;ic;:; be required to more accurately assess what specific improvements should be as the project evolves. For this recommendation, Phase one includes Proctor Valley Road, interim SR 125, and at-grade intersections at each end of the two segments. This would provide roadway access from Eastlake Parkway in the south to SR 54. Phase two includes the extension of Eastlake Parkway and east Orange Avenue with an at-grade intersection between the segments. Once Phase two has been completed, the interim facility will be in place and require only widening of the northern roadway segments. Phase three includes this widening work and can be started whenever needed to accommodate traffic. Table 5.3.1 Interim SR 125 Capital Cost Summary - Phase 1 Description Segments Intersections Total Segment 4: Proctor Valley Rd. $6,686,000 - $6,686,000 Segment 5: Interim SR 125 $5,253,000 - $5,253,000 San Miguel Rd./Proctor Valley - $143,000 $143,000 Proctor Valley Rd.l Interim SR 125 - $164,000 $164,000 SR 125/EastIake Parkway $150,000 $150,000 Total $11,939,000 $457,000 $12,396,000 The relative costs for the second and third phases are reflected in the following two tables. As was stated earlier, precise scenarios are not yet known and as such, these costs only follow the example given in previous discussions. Table 5.3,2 Interim SR 125 Capital Cost Summary. Phase 2 Description Segments Intersections Total Segment 6: Eastlake Parkway $2,208,000 - $2,208,000 Segment 7: East Orange Ave $10,961,000 - $10,961,000 East Orange A ve/EastIake Pkwy $173,000 $173,000 Total $13,169,000 $173,000 $13,342,000 60 ) if/} -?fY TntP1"im ~t~t". Rout". 1?~ _ Altf>m~tivp. An~lyc;;is. Table 5.3.3 Interim SR 125 Capital Cost Summary. Phase 3 Description Segments Intersections Total Segment 1: Sweetwater Rd. $1,040,000 - $1,040,000 Segment 2: Bonita Rd. $0 - $0 Segment 3: San Miguel Rd. $990,000 $990,000 SR 54/Sweetwater Rd. $45,000 $45,000 Sweetwater Rd./Bonita Rd. $70,000 $70,000 Bonita RdJSan Miguel Rd. $70,000 $70,000 Total $2,030,000 $185,000 $2,215,000 The following pages aid in the understanding of the interaction between the projected freeway and the local circulation network. 61 ) ilJ / 'if! TntPrim St::\tP: Rnntf': 1?~ _ Altprn::.t;vf': An::\ly".ic;: San Miguel Road Ultimate 10 Lane SR 125 Interchange (As Proposed by CTV) East "H" Street Ultimate 10 Lane SR 125 Interchange (As Proposed by crV) East Lake Parkway Ultimate 10 Lane SR 125 Interchange (As Proposed by CTV) 62 /11/ ~/O Tntpnm StMP. Rnlltf': 11-" _ A1tpm~tivf': An:'lly~i~ Telegraph Canyon Road Ultimate 10 Lane SR 125 Interchange (As Proposed by CTV) East Orange Avenue Ultimate 10 Lane SR 125 Interchange (As Proposed by CTV) 63 /f;1-7/ )ilL} /!~ Section 6 FUNDING Interim State Route 125 - Funding 6.0 Financing Options The availability of grants for the project was explored. In the current political climate, there are very few available funds which have not already been committed. In addition, the Caltrans policy has been to preclude the use of grants or additional funding for projects which are to be privately financed as a franchise operated private venture. Based on the previous analysis, it may be necessary to issue debt to complete the interim facility in a timely manner. At this point, two factors pertaining to the issuance of debt should be considered, namely; 1) the type of financing mechanism to be used; and 2) the source of repayment In determining which financing mechanism is best suited to complete the interim facility, the major concerns of the City should be the identification of a secure revenue source to build the interim facility if required. The financing mechanism selected must provide a secure revenue source that, to the largest degree possible, assures the timely repayment of debt and is both politically feasible and equitable. Therefore, the security for the debt must be a steady, reliable revenue stream. The financing mechanism must also have the capability to be implemented in a timely and cost-effective manner. The financing vehicle must be sensitive to alternative construction schedules, project planning, and other timing factors. The recommended financing type must also be a low cost method of finance widely recognized in the credit market. A brief description of the primary methods of debt fmancing available to the City follows: 6.1 Tax Allocation Bonds The City may seek to establish a new project area in its eXlstmg Redevelopment Agency ("RDA") to issue bonds and fund the interim facility. Redevelopment Agencies are provided by California law to assist public agencies in the reduction of "blight" within specified project areas. RDA's in conjunction with the powers and authorities of the City are allowed to use a variety of financing techniques, including, but not limited to, community or City funds, tax increment financing, special assessment districts, Industrial Development Financing Act, Non-Profit Corporation, Parking Authority, Sales and Use Tax Increment Financing, Mello-Roos Community Facilities District, Housing Mortgage Revenue Bonds, and a variety of developer and Federal funding assistance programs. Under a Redevelopment Agency concept, the tax base is frozen for the entire project area or a smaller portion with certain minor exceptions. As the value of the redeveloped property increases the property taxes will increase proportionally. That portion of property tax above the frozen base is known as tax increment and may be utilized by the redevelopment agency for debt service expenditures or to repay bonds that may be used for infrastructure improvements. An agreement between the City and any overlapping tax jurisdictions (i.e. the County) as to how the tax increment would be apportioned would also have to be reached. The increment collected could then be used to reduce the assessments levied on the parcels within the District. 65 Jv/ij-13 Interim State Route 125 - Funding The City could utilize future tax increment funds to assist in the financing of the freeway improvements. The City could then enter into a agreement with the RDA to fund a portion of the improvements for the project area. The City would then be reimbursed by the RDA from tax increment revenues. If the City wishes to pursue this revenue source, it would need to determine whether the area is "blighted" within the current legal definition. A projected revenue stream would also be identified as part of this analysis. There are two obstacles that make an RDA unfeasible at this time; I) The area does not appear to be "blighted" according to the current legal definition; and 2) the formation of the RDA would require revenue sharing agreements of the tax increment with any overlapping jurisdiction with ad valorem taxing authority and the cooperation of the County does not appear likely. Therefore, this option does not appear viable at this time. 6.2. General Obligation Bonds The City could fund the freeway improvements through the pledge of the full faith and credit of the City. Under this method, the City would need to obtain a 2/3 approval margin from a City- wide vote to authorize the issuance of general obligation bonds. All residential and commercial property within the City would receive an annual levy based upon their property values. Because the constituency benefiting from these improvements represent only a portion of the City and the requirement for a 2/3 approval margin, makes the likelihood of a successful election remote. This revenue source does not appear to be a viable option. 6.3 Certificates of Participation Certificate financing is based on the same theory as non-profit corporation financing, i.e., providing long-term financing through a long-term lease or installment sale arrangement. Certificates represent a proportionate interest of the holders to receive a portion of each payment made by the public agency under the installment sale agreement or lease between the public agency and third party. The issuance of COP's by the City is one possible method of providing for the financing of the interim facility. To issue COP's the City would need to identify a secure, long-term existing revenue stream that would be available to retire the debt. The City would be required to make a General Fund pledge to act as security or pledge another steady revenue source such as tax increment proceeds. The use of the General Fund to finance the project would require substantial increases in available revenues or a significant re-prioritization in funding City programs. Therefore, it may not be equitable to encumber the General Fund as security for those improvements. Since the interim facility would normally be funded by Caltrans, it may not be equitable to encumber the General Fund as security for these improvements. 66 ) if/! )'1 Interim State Route 125 - Fundin~ Since the interim facility improvements may not be considered adequate security by the credit markets, the City may also be required to pledge one of its existing facilities as collateral. COP issues are typically rated on a credit rating lower than on issuers' general obligation debt because caP's are not backed by the issuers' "full faith and credit." COP issues usually require a reserve fund equal to ten (10) percent of the issue size increasing the size of the borrowing. The default of the Richmond School District on its COP's and the resulting litigation surrounding the use of caP's have resulted in the deteriorating appetite in the credit markets for this fmancing mechanism. Until this litigation is resolved, an additional increase in borrowing costs can be expected. The process of issuing COP's is relatively straightforward and can be accomplished fairly quickly. It should be remembered that no election is required to issue COP's and (pending resolution of the current court case), given acceptable levels of cash flow, security, and debt coverage the market readily accepts caP's. As there does not appear to be an available revenue stream to pledge as security for the certificates, nor a desire to reprioritize other programs to fund the facilities, this option is not recommended. 6.4 Special Tax Bond - Mello-Roos Community Facilities Act On January 2,1983, the "Mello-Roos Community Facilities Act of 1982" became effective. This statute authorizes formation of community facilities districts to provide certain facilities or public services financed through elector-approved special taxes securing long-term debt. "Facilities" include the purchase, construction, expansion, or rehabilitation of property having useful life of five years or longer, including, but not limited to: a. Local park, recreation, or parkway facilities; b. Elementary and secondary school sites and structures; c. Libraries; d. Childcare facilities; e. Any other governmental facilities the legislative body is authorized to construct, own or operate; f. Natural gas pipeline facilities, telephone lines, and facilities for the transmission or distribution of electrical energy to provide access to customers who do not have access to those services. The Community Facilities District (CFD) authorizes the levy of an annual tax which may be used to fund facilities on a pay-as-you-go basis or to pay debt service. 67 ) i/l- 'J5'" Interim State Route 125 - Funding "Services" are defined as additional services performed by employees to provide police protection, fire protection and suppression services, recreation program services, library services and operation and maintenance of parks, parkways and open spaces, and flood and storm protection. The question of the special tax levy needs to be submitted to the qualified electors not less than ninety (90) days, but not more than one hundred eighty (180) days following the close of the public protest hearing. If fewer than twelve (12) registered voters reside within the proposed CFD, the vote is by the landowners voting with one vote per acre or portion thereof. If more than 12 registered voters reside within the CFD, a 2/3 vote is necessary for any special tax levy, as well as for the issuance of long-term debt. If long-term bonded indebtedness is required, a resolution and public hearing is also required on the necessity to incur the debt. The bonds are secured by the voted special taxes within the community facilities district, and this special tax is levied according to a special tax formula with the funds paid to the community facilities district for the particular (CFD) debt service. It should be noted that well structured special tax bond offerings have been so well accepted by the municipal markets that interest rates and underwriting costs of special tax bonds and assessment bonds are now approximately equal. While most assessment bonds and special tax bonds are issued without a rating due to the fact that these types of securities are usually sold to fund capital projects needed in advance of development, the criteria for rating and insuring both types of indebtedness are the same. Total debt service on a Mello-Roos financing is comparable to that of Special Assessment debt and are higher than the debt service for a COP issue. Therefore, Mello-Roos fmancing are generally more expensive than either general obligation or COP debt. The added expense is due to several reasons. The primary reason is that land-secured debt is perceived as being less secure than a "full faith and credit" obligation debt. Mello-Roos financing also require a reserve fund which is usually about ten percent of the total issue size. Since the CFD would be established within undeveloped areas, a vote by the landowners would be necessary to have the measure approved and bonds sold. Because of the strong desire of the landowners to see the area develop, we believe that any vote held would be successful. Therefore, this option appears to meet the financing needs and flexibility required to complete the project. 6.5 Special Assessment Bonds A common method of financing capital improvements is to use the proceeds of bonds issued pursuant to the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915. Under this approach, an Assessment District (AD) is formed and the land to be benefitted by the improvement is assessed to pay the costs and expenses of the improvements. AD proceedings do not require a vote of the electorate; however, they are subject to a 50% majority protest. In certain instances, such as health or safety issues, the City Council is authorized to override a 68 JLj/;/70 Interim State Route 125 - Funding maJonty protest. The concept of an AD is to have the property owners pay their appropriate share of "specific benefits". They are traditionally used in areas where certain facilities benefit only a small portion of City residents. In order to establish an Assessment District for the project area, an allocation of the benefit received by each property owner would need to be undertaken. The entire amount of the proportionate share would be allocated to each property owner. Property owners would have the opportunity to pay the entire assessment in cash within thirty (30) days or allow the assessment to go to bond which would then result in a lien against their property. The annual payments for repayment of Assessment District bonds is made through the property tax bill which is an additional charge above and beyond property taxes. The cost of financing the improvement would be incurred only by those properties receiving a specific benefit from the construction. The major obstacle in using an Assessment District to finance the interim facility lies in the apportionment of specific benefit. Areas outside of the City's boundaries that would benefit from the construction would not be included in the District. The assessment of benefit representing the areas outside of the City boundaries would leave a funding gap on the project financing. Additionally, the benefit assessment would be based on the benefit accruing to the property according to the current zoning and land use. This methodology is relatively inflexible towards future changes in the land use. Given the lack of development within the study area and the significant changes in land-use that may occur, the City should seek a financing mechanism that would allow for greater adjustments during the transitional period of the study area. 6,6 Integrated Financing District In 1986, the State legislature passed the Integrated Financing District Act (California Government Code - Section 53175). An Integrated Financing District ("IFD") represents a relatively new tool for financing growth similar to Assessment Districts, in that the IFD process assesses the cost of improvements in proportion to the benefit received. However, the properties are assessed if and when development occurs. These "contingent" assessments are levied when a triggering event occurs (i.e. submitting a building permit, title change, or land use change). The major advantage of an IFD approach is that properties are assessed only after they benefit from the improvement. The contingent assessment is levied when the IFD is formed. If the property does not develop the assessment is never levied. One problem in setting the assessment at the formation of the IFD is the inaccuracy of predicting the ultimate land use of the property. Should the land use change after the contingent assessment has been levied, a reassessment based upon the actual land use may occur when the trigger point is reached. The boundary of the IFD should include all currently undeveloped parcels that receive benefit from the improvements. It should be noted that any properties where a contingent assessment has been levied would also receive a credit for the DIF fee attributable to the interim 125 facility, hereafter called the 125-DIF. The use of an IFD in conjunction with an AD or CFD may provide 69 /LjA / ~7 Interim State Route 125 - FundinR the City with a mechanism to assess properties that benefit from the project as they are annexed in the future. 6.7 Infrastructure Financing District One of the newest financing techniques, the Infrastructure Financing District, took effect on January I, 1991, with the passage of SB 308. Similar to a Redevelopment Agency financing, this mechanism would allow the City to pledge some of the growth in the ad valorem tax revenues generated from development within the District. This mechanism may be used to finance the interim facility as described in the study. However, at this time, there are serious questions on the legality of SB 308. The consensus among the legal community is that the mechanism is not constitutional and would be vulnerable to legal challenge. Should the City wish to proceed with this financing vehicle, planning should allow for additional time because of the legal requirements. We therefore, do not recommend the use of this financing tool until the legal questions have been resolved. 6.8 Recommended Funding Plan As with most improvement projects, the City of Chula Vista is facing the difficult task of balancing the need for the construction of an interim road facility against limited financial resources. To assist the City with these decisions, we have developed the following concept plan to facilitate the financing of the interim roadway facility (the "project"). This should allow for the construction to proceed in a timely and cost-efficient manner. As proposed, the plan requires several financial, legal and engineering issues to be resolved before it can be finalized and implemented. The current conceptual approach to the funding of the interim facilities is to utilize the number of trips generated by each type of land use (residential, commercial, etc...) at ultimate build-out and apportion the pro-rata share of those trips to each parcel of land for its fair share of the facilities. A pay-as-you-go type fee (l25-DIF) combined with a Community Facilities District (CFD) is proposed which will provide the funding mechanism to levy a special tax on property owners and issue debt sufficient to provide the capital funds to construct the project. Since the -rate of build-out is unknown, certain assumptions must be made for the phasing of the project to coincide with the expected build-out. The expected phase one will cost approximately $12.4 million. The interim facility is a back-up or contingency plan for the CTV toll road. The City's interest is to assure the ability to fund the interim facility with the hope that it will not be necessary. If the interim facility is built, the financing mechanism should be flexible and allow for a transition to the SR 125 facility. One of the difficult legal issues is how to utilize tax-exempt financing for the City's portion of the facilities and preserve the tax-exempt status of any debt issued if the facilities are eventually leased to a private company such as CTV. One option is to have CTV purchase any publicly 70 ) ~/i-J ' ~?f Interim State Route 125 - Funding financed improvements that they utilize in their toll road. This would save crv money by constructing and acquiring an interim facility financed with lower interest cost from a CFD. Another option is for the City to continue to own the improvements at all times and lease it to Caltrans, a state agency. Upon the completion of the crv improvements, the percent ownership between the City and the state would be calculated by a formula which divides the City's cost by the total costs. If the toll road was never built, the property owner would pay for the improvements that are needed as a result of their respective developments. If it was built they would receive an appropriate credit for their contribution. In order for the program to function properly, the l25-DIF must be created to reflect the most current costs of the interim roadway facility. All developments beyond a certain size must be required to join the CFD as a condition of development, any annexations to the City must be required to participate in the program. The outstanding balance of the special tax levy would be paid prior to the transfer of the property from developer to the property owner (Le. such as the close of escrow). This will avoid levying the special tax on individual property owners. Smaller developments must be conditioned to pay the 125-DIF fee. Based upon this concept, we would come to the conclusions and recommendations presented in Section 6.10. 6.9 Financing Plan Section 3.2 of this report explained the generation of 352,763 trips expected by the projected development level. Table 8.1 in the Land Use Classification section of the Technical Appendix provides the detail of how these trips were calculated. This information, current as of January 1, 1990, was utilized for design purposes to estimate the required improvements to accommodate this increase in trips. For financial planning, it is necessary to refine these number of trips to a level that can be utilized in a special tax formula for the Community Facilities District. In this regard, Table 8.2 in the Land Use Classification section of the Technical Appendix provides a calculation of those trips that may be utilized in such a special tax formula. Table 8.2 updates the information from Table 8.1 by deducting those units which have obtained a building permit and have paid the (T- DIF). The table further subdivides the residential category into Single-Family Detached (SFD), Single-Family Attached (SFA) and Multi-Family Attached (MFA). It also lowers the trip generation rates for commercial, OTC and church in order to recognize common trips and avoid "double counting". It eliminates the trips per acre for schools, public and parks since these land uses cannot be taxed. The acreage and square feet of development for Medical Center has been reduced due to a development agreement for the first and second phases of construction for Kaiser, which includes 775,000 square feet out of a total 1,350,000 square feet. Therefore 575,000 square feet of development on approximately 12.2 acres remain in a later phase which will be considered to have a traffic generation rate of 650 trips per acre according to the development agreement. Likewise the acreage upon which a special tax would apply has been reduced proportionately. Furthermore, the acreage for commercial development in the Rancho Del Rey project has been reduced due to a development agreement for the Power Center. At the bottom of this table is shown the average density for the three residential categories of SFD, SFA 71 )1-1// - (? Interim State Route 125 - Funding and MFA. These average densities will be utilized further in Table 8.3 to reduce the amount of vacant acres as development occurs. It should be noted that the particular mix of projects and their level of development intensity have not been approved by the City in this form. Rather, it is the total of 252,564 total trips with respect to a particular interim facility development need that is paramount. The actual trip mix and what projects are included, at what level, in what time frame is yet to be resolved. Table 8.3 in the Development Schedule section of the Technical Appendix, shows an estimated development schedule for residential at 1,300 units per year, broken down into 693 units SFD, 390 units SFA and 217 units MFA. The remaining land uses were estimated over a 19 year span. This table should be further reviewed and verified by the City, property owners and an Absorption Consultant to determine it's accuracy. Table 8.4 in the Allowable Debt section of the Technical Appendix, is an attempt to show the market value of the land uses from Table 8.3 by utilizing approximate "Developed Values" and "Vacant Land Values" that are shown in the heading of this table. A previous appraisal for the Olympic Training Center (OTC) of $46,800 dollars per acre was utilized. The Developed Values and Vacant Values should be further refined by an appraiser to increase the accuracy of this table. The column entitled "Total Allowable Lien @ 3.5: I" considers a value to lien ratio of 3.5 to 1. The City Council's policy is to utilize a 3 to I ratio; however, a more conservative ratio of 3.5 to I has been utilized in this table. The column entitled "Outstanding Debt" was calculated based on a rough estimate of the current outstanding bond principal of the following districts in the eastern territories: City of Chula Vista Assessment District No. 85-2, 86-1, 87-1, 88-1,88-2,90-1,90-3, and 91-1. It also included Chula Vista City School District Community Facilities District No. I, 2, 3 and 4 as well as Sweetwater Union High School District Community Facilities District No. I, 2, 3 and 4 whose boundaries are conterminous with the previous Chula Vista City School District CFD's. An attempt was made to eliminate that portion of the debt which exists on currently developed property, which has obtained building permits. There is an additional approximately $13 million of outstanding debt on this property for Improvement District No. 22 and 27 of the Otay Water District that has also been included. The last column entitled "Remaining Allowable Debt" indicates that in the first fiscal year there may be little if any capacity to place debt on these properties in their vacant condition. As development occurs and the total value of developed improvements increase, there may be room to place additional debt on this property. Table 8.5 in the Cash Flow Analysis section of the Technical Appendix, brings information from the previous tables together and provides a summary. Table 8.5 was divided into two cases, namely "best case" and "worst case". An inflation/interest rate of 4% was used in both cases. The "best case" considered development to occur as shown in Table 8.3. In this case the 125- DIF revenue supported the funding required on a pay-as-you-go basis. The "worst case" considers development stopping after the Phase 2 bond sale in FY 2001. In the "worst case", additional revenues must support the funding required for Phase 3 and net annual debt service, with an annual base undeveloped CFD tax. 72 )Lj/!~/O{) Interim State Route 125 - Funding The second row of Table 8.5, titled FY 92 Expense, follows the cost estimate in Chapter 5. The first phase of improvements is estimated to be constructed in FY 1999 when the accumulated number of trips was less than 140,000. Phases 2 and 3 were estimated to follow in two year intervals. Capitalized interest, amounting to 8%, has been added to make debt service payments for approximately one year while the improvements are under construction. The financing costs, shown at 16.3%, include 10% for bond reserve, 2% bond discount and 2% issuance costs for a total of 14% of bonds sold or 16.3% of costs before financing (that is 1 ~ 0.86). A level annual debt service was utilized at 8 1/2% interest for 25 years. Interest earned on the reserve fund is credited to the redemption fund. This interest is computed based on 60% of the maximum reserve fund (taking into account possible delinquencies) at the applicable interest rate on the previous year balance. The net annual debt service also is reduced by interest earned on the funds collected assuming only 50% of the present years surplus earns interest. An undeveloped land tax has been utilized in the "worst case" of Table 8.5. Since the existing outstanding debt is approximately equal to the total capacity of the vacant land, an additional analysis and appraisal will be required before this alternative can be selected. The revenues are from two sources. The first source is from the l25-DIF at a minimum of $143.00 per trip, which is adjusted for inflation. The second source of revenue is from the base undeveloped tax, which is estimated to be $1,025.00 per vacant acre. Table 8.5 utilizes the number of vacant acres in fiscal year 2001/02 when development stops, as 858 acres, as shown in Table 8.3, plus 442 acres of additional vacant land in a location to be determined later. 6.10 Proposed 125-DIF Fees The City should modify their existing T-DIF program to provide funding for the interim 125 facilities by creating a l25-DIF program. Based upon the following formula, we recommend l25-DIF fees be established at a minimum of $143.00 per trip. This cost is in addition to the T-DIF being collected for public improvements other than SR 125. If the City decides to fund this project on a pay-as-you-go basis, and if development is lower in future years, then the l25-DIF should be increased even higher. The underlying methodology of the above formula is to assess property according to the number of trips generated by the property. 73 FIll ~/o) Interim State Route 125 - Funding TABLE 6.10.1 MINIMUM 125-DIF FEES FOR THE INTERIM SR 125 FACILITY Residential (single family detached) $1,430.00 per DU Residential (single family attached) $1,144.00 per DU Residential (multi-family) $858.00 per DU Industrial $28,600.00 per Acre Commercial $35,750.00 per Acre Office $35,750.00 per Acre Medical Center (Phase 3 only) $92,950.00 per Acre The final 125-DIF fees may be modified as additional information becomes available. The immediate creation of the 125-DIF will allow the City to capture revenue which might otherwise be lost. As development occurs, the City should insist that the 125-DIF fees be paid in cash. By establishing one or more CFD's, the City will provide a reasonably secure method of financing the interim facilities if and when they are ever needed. For those property owners not wishing to participate in a CFD, the City may require an additional fee which includes the present value of the CFD tax rate. Another alternative which may be considered in the establishment of the final 125-DIF rate involves the creation of two zones of benefit. The zone boundary is located approximately half way between Interstate 805 and proposed State Route 125. Zone I would be located easterly of Paseo Ranchero, Rancho Del Rey Parkway, Avenida Del Rey and Gtay Lakes Road. Zone 2 would be located westerly of the above described boundary. This alternative would charge properties in Zone I at 100 percent of the trips shown in Table 8.2 and reduce Zone 2 to 75 percent of the trips shown on Table 8.2. If this is accomplished, the total number of adjusted trips in Table 8.2 becomes 236,728 trips as shown in the following table. 74 /Y1 / /rJd- Interim State Route 125 - Fundin~ TABLE 6.10.2 ADJUSTED TRIP ALTERNATIVE TO TABLE 8.2 Zone Non-Adjusted Benefit Adjusted Alternative Trips Adjustment Factor Trips 125-DIF (Per Non- (In Percent) Adjusted Trip) I 166,471 100 166,471 $153.07 2 61,843 75 46.382 $114.80 228,314 212,853 This alternative is not recommended for the following reasons: . The improvements proposed for interim State Route 125 are primarily arterials which are part of the overall circulation system of the City and provide an overall benefit. . The existing City of Chula Vista "Eastern Area Development Impact Fee For Streets" does not distinguish separate zones of benefit for the total system. . If the first units to be constructed are located in Zone 2, there may not be sufficient funds to pay for the Phase I improvements. Conclusions 1. The latest estimate of the construction cost for the total project is approximately $28 million in 1992 dollars. We anticipate additional cost increases to occur due to future inflation and unanticipated construction costs and modifications. 2. The construction cost for the SR 54/SR 125 interchange is currently estimated at $54 million. This is not included in the project cost. SANDAG is expected to completely fund the interchange through the use of Measure A monies. 3. There may not be sufficient monies available to fund this project on a pay-as-you-go basis. Therefore, some form oflong term borrowing may be required to complete project construction in a timely manner. 4. If the land value to lien amount (usually referred to as the lien to value ratio), falls below 3:1, the financing costs for any long term borrowing will increase significantly. 5. The formation of a Community Facilities District ("CFD") provides a financing process that apportions the improvement costs to the properties according to the level of benefit received. If future inflation is approximately 4%, an annual tax of approximate $1,025.00 75 /tj/} ~ /tJ3 Interim State Route 125 - Fundin~ per acre for an undeveloped parcel, would appear to be adequate to fund the interim SR 125 facilities in three phases. Recommendations 1. The City should immediately begin the formation of a single CFD or multiple CFD's in the study area to undertake the funding of the interim roadway facility. The CFD should include all future development and properties that benefit from the construction of the project. 2. The City should consider a phased approach to financing the project. The amount and frequency of any long term borrowing should balance the capacity for debt of the property in the CFD against the construction requirements for the project. 3. The 125-DIF rates should be established at a minimum of $143.00 per trip to include the project's construction costs and 2% for City administration costs to assure equity and be adjusted annually according to the Engineering News Record Construction Cost Index. 4. As a condition of approval, all developments (subject to the 125-DIF), should be required to pay up front their share of costs in cash for the project or agree to become part of the CFD. 5. If the interim facility is acquired by CTV, property owners within the CFD should receive a credit for both the applicable portion of the special taxes levied and the applicable 125- DIF for the construction cost of the project. 6. Negotiations with Caltrans and CTV should be undertaken to coordinate the plan and ensure the continued tax-exempt status of any long term borrowing for the CFD. The possible lease and operation of the project by crv, a private organization, may cause the CFD bonds to be classified as "private activity bonds". Staff would need to carefully structure the legal documents to ensure that any future use by CTV does not change the tax-exempt status of any borrowing by the CFD. We have prepared a preliminary estimate of the rate of development within the study area and future debt capacity of the land. Additional study would refine these projections to a confidence level acceptable to the City, the underwriting community and investors for any debt offerings by the CFD. 76 JLt4 -/07 Section 7 LEGAL /1/;1- /05 Interim State Route 125 -Legal 7.0 Introduction A financing as broad in scope as that contem plated by this report raises numerous legal questions which must, at some point, be addressed. At the preliminary stage, however, only certain legal issues need to be mentioned in order to focus and assist the decisional process; these include the following: 7.1 Franchise Agreement On December 31,1990 Caltrans entered into an exclusive franchise agreement with CTV. Under article III of the agreement, Caltrans granted CTV "Exclusive Development Rights" with respect to "Transportation Facilities" located within the franchise zone. The franchise zone is generally described as a 6 mile wide south-north corridor having SR-125 as its center axis and bordered on the south by the Mexican border and on the north by SR 52. Caltrans acknowledges in the agreement that competing transportation facilities are likely to adversely affect CTV's development of SR-125 as a toll road; accordingly, Caltrans agreed; 1) to use its best efforts to influence local agencies to refrain from developing competing transportation facilities, or other facilities identified by CTV, the development or operation of which might reasonably be foreseen to materially affect the revenue of the cry project; and 2) to refrain from exercising its discretionary power to initiate, authorize, endorse, construct or improve a non-Caltrans owned "Competitive Transportation Facility". The existence of the franchise agreement means that the agreement or cooperation of Caltrans with respect to any City project will also require the agreement or cooperation of CTV if the project is deemed by them to be competitive (i.e., if the City project has the potential to adversely impact the revenue to CTY). Also, if the City project is to be transferred to Caltrans, because of the expectation that the project may then be leased to CTV, issues arise regarding the use of public funds for the benefit of private entities. It is our professional opinion a thorough review of these and other matters should be completed prior to committing to construction of any segment where these issues are involved. At this time, however, City Staff is comfortable with the recommendations outlined in this study prior to completion of further investigation. 7.2 Taxable Bonds Generally, bonds issued by a local agency for public roads are "tax-exempt" (i.e., the interest paid with respect to the bonds is excluded from gross income for federal tax purposes). Tax-exempt status improves the financing by lowering the interest rate on the bonds. If, however, the roadway is expected to be leased long-term to CTV, the issue of the road in the trade or business of CTV may make the bonds "taxable". Care should be taken to structure the financing to achieve and maintain a tax-exempt status of the bonds. 7.3 Extended Jurisdiction The contemplated financing extends the proposed Mello-Roos district beyond the City's limits. The consent of the County of San Diego will be required for the formation of the district 78 rIA - / ;J & Section 8 TECHNICAL APPENDIX /111 ' / j} 7 Appendix A Land Use Classification Ji /} -/tJ fI Interim State Route 125 - Technical Appendix LEGEND T AZ BOUNDARIES CITY STREET STATE ROUTE ~5 CORR~OR ~ INTERSTATE 4 STATE ROUTE No Scole NNN TRAFFIC ANALYSIS ZONES Figure 8.1 - SANDAG Traffic Analysis Zones 81 / L//l - /07' .; . ~ .0 ~!: gl! :u ~ 5~ O~ ~ ~- ~:::; e~ ~:: 0-0 vi !l!t! o ~ t:ij B "I;:: G.~ W !l o 2 uu -< ., ~~ ~ < ~ o '" "" o ~ IIIU ~ S~ &l~ ill < o ~ ~ ~ o ~- : 8~ ... ~e ; ~ o ~ Q Z < UU < -;:: 06 3 < o ~ ....u 2 ~~ ;;~ - ~ ~- ~- ~~ !~ ~ ~u ~_. -< ~, ~~ ~ ~~ ~ Z~ ~Q) ~i ~ z_ .. N < - g$!:a~~~-4'~::s~t2: .... ~;:X~""."""CI..J:::~a:.",..,.,.._.. ~ _10\..0 ......!:i!",-- ~ OClOOOOOOOOO 0 00000000000 0 o E OOOOClOOOOOO 0 OOOC>OOOClOC>C> CI OO;:O~~00002 ~ OOaoONOOOOOO.... ""' N < ~. OO~O~C>Qc:>C>OO OO;::O/lOC>OOOOO OC>ClOC>~..~ClOOO _N OOOOCls;!}QOOOO 00000000000 0 OClOOOOClOOOO 0 o 5 oooooooo~o 00000000000 OOOOOOOOOClCl 0 OOOOc>c>c>OOOO CI oC>ooooo~oC>o :of 0000000....000 ~ OOOOOOQ~OOO ~ ....... .n ooooooo~ooo ~ o E Sl:~O:;;:Or-'~CI~~~ ~ ~..M..F:!....,. Oi,N.. ......~-.. ... -....'" "'.... ,.,-- re" O;;:OOOOC:>l;>~OO . ~ ooooo~~oooo ~ Q ~ ~!C~~O~~OO~E ~ ::~R:~~~~~R:~;! ,.,,.,,.,,.,,.,,.,,.,,,,l"'l,,,.... . U ~ ~ Q Z ~ - 11:: UW SQ ~OO-o""OO"4'N ..0........'" _"'-_ .......~"':.O.. '"':......0:. ....~:j:;::;2 ~.,g- O~OC>OO~I':>O !il 0....0000"'00 0. oo~oooooo ~ ~ 000000000 ~. QOClS!)COJ;?OQ OOQ.a~o;:!:oo II! OCl~O~OOOO ~ oo_o::!oooo ~ ~. oooo~o~~oo < - ~ 00000.0000 < - 00(:>000000 :g :g Oc:;..;.~(:>OilOO Q OOClOOOOOO Q OOOCOOOClC 000000000 0 oC>ooococo ill :of O~~!':~~ClOOO ""~o: ~ ~ ~ o-o~o~oooo 2$0000000 ....~o-~ ....:g!:;a88~~ g.:"t...._~...........-.-. E "';:"'....O>N_ 0000000 0 0 0000000 0 <:> !! ~. 0000000 ~~ooooooo ~ oooo~oo ~ o ~. 0000000 ooo~.gQ~.~_~. a g~~8 ......... ~ ~ .", "'- - "1.,..-.~.Q:.:... '" ~ ~-o_ ~ .....-0_.... ....._ ~ ooooooo~o S! !! 0000000 ~ ooo~~o~~~ ~ o~ooooo ~ ,.; OOOSiOO~Or:::! Oo............,Oo~~~Q 0__.....1""1 OoN 1")...............'" l"'l.... ~ Q ~ o ~~ ~iI ~ ~ 5 ~ ~ O~OOQClO o os ooooooc ::! ClClOOOOO ~ 008__0000 ~. - S!i 00;:0000 o 0000000 CI :e. :!! OC>OClOOCl o 0000000 o <:>000000 0000000 0 0000000 0 ... ~. o~ooooo N ::J o~oooc>O S i OOOOOOCl I<l ~. O~Q~OOO ~ ~ ~ 0. 00 ON 00"""'" ;:1;. :::J ::~ ;;:: ~N~IC~~S! ....j:........"';J.::.t ~ g ~ i a o ~ o ;~ ":Q:",,:,, Xi:JC::6~:<1 Ii ~ .:,.; .... Q o Q o Ii: 0 5! 0 Q o Q o ~. 0 ::: 0 Q Q Q II! <' o ~ !! ~ ~. 5! N N !l ~. Q Q Q " Q ~ 0 it < ~ ~ U o 00 0 QO Q QO QO QO QO QO QO QO QQ QO QO QO QQ QQ QQ QQ QQ QQ QQ ~s. ~ _N -,#- OQ Q~ ~ llQ ~~ w ~ U - ~ ~ , !'! Il ~}lJi!.l!. ::;",0: ",..,.-", T 00000 o 00000 o o 00000 Q o 00000 Q. o $OC;lOO $ Q ~OC;lOO ~ o 00000 0 o 00000 0 o OOO~O ~ o OOO~O ~ o 00000 0 o 00000 0 o 00000 0 . ~ o 00000 0 o 00000 0 o 00000 0 o 00000 0 o 00000 0 o OOOOOlO OOOOQiQ 00Sl:0~:0 ;:Plt ~: Kl~ ""..,. "'1:: 00000:0 001l00!1l 0:!&0~:t: "",., "": ~~; R:~~~~ ~1 ~. ~i/ () o o ~ ~ II = ! i:I ;/ .. _.u ~)V1 Table 6.1 LAND USE & TRIPS. ASOP11l19O ..._._________..._....____n__________............_.____n__.__............__.____________._........____________00._.00._......_..____00__._..............___________00_____._..._..__...___..___....u...____nn___ __............_._______________.._.._.._..___._.________n_........_____.__.___________.._......._..____n___nn.................__________.........__....___n_________.....-...______.__._...._........___________ ,. Z RESIDENTIAL (10,S,6T/IlU) IWUSTRIAL (200T/AC) CCMlfRC1AL (500T/AC) OffiCE (300T/AC) OTe (33T/AC) OOLF lXlIRSE (ST/AI:) SCHOOlS (lOOT/At) Pl8L1C (SOT/AC) PARk:S (5T/At) MEDICAL CENTER (26T / 1000Sf) DUl" (40T/AC) TOTAL TRIPS ~.~_~.~_~_:_~nn_________!~~__L_!~~_.._..~~~____u!~!~!n____~~~...!~~~!_____~:~~n_~~!~__n~~~_._~~!~!_n~~~_n~~!~!n__~:~~___~~!~!_n~:~~_..!~!~!.u_~~~_n~~~~__._~:~~_..!~!~!nn_!:~:m!~~~!...__~~__!~!~!n.n..___ SAN MIO..U RANCK 261 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 264 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2773600360 00000000000000000000360 280 36J 0 0 3,630 0 0 14 7,000 0 0 0 0 0 0 0 0 0 0 21 105 0 0 1 40 10,775 283 143 0 0 1,430 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,430 284 316 0 0 3,160 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,160 287 142 0 0 1,420 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 1,420 ___...__________________._______......_......__...___._____._._.......__00__________........_........._.__._00___..._._........._._.00_______...._.......__.__________________..._......___._...00__.___........_____._____________.. SUBTOTALS _______......_._._.._.........._.__________._..___........__..._._____._._........___.______.___00._____._............____.___00____............_.___________.___........._._.________.____.............__________......._.....------ 1,000 o o 10,000 o o 14 7,000 o o o o o o o o o o 21 IOS o o 40 17,145 OTAY RANCH VILlAGf 1 436 256 0 0 2,560 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2,560 418 343 0 0 3,430 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,430 443 340 0 0 3,400 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,400 403 340 0 0 3,400 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,400 396 0 631 631 8,834 0 0 23 11,500 0 0 0 0 0 0 10 1,000 13 650 10 50 0 0 0 0 22,034 377 226 0 0 2,260 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2,260 425 340 0 0 3,400 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,400 VILLAGE 5 365 0 651 650 9,1oa 0 0 8 4,000 2 600 0 0 0 0 10 1,000 "550 10 50 0 0 0 0 15,308 344 325 0 0 3,250 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,250 384 323 0 0 3,230 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,230 433 325 0 0 3,250 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,250 394 325 0 0 3,250 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,250 ..__._...__.___.____________._.____________.......___.______00______......._.____.__00__________..._......._..____._______________........__......____________00__......._._.__._._.______________..__..._._0000____..___.__..._...--. SUQTOTAL$ 3,143 1,262 1,281 49,3n 0 0 31 15,500 2 600 0 0 0 0 20 2,000 24 1,200 20 100 0 0 0 0 68,m .__......___________________.____________.__.............__________........___..__.______.__________................_00__________................_...___________._...__......_....____.____________.........______.__________......... I1:)NTlLLO 325 123 230 0 3,070 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,070 ...._.____.________.__..______00._____._................-.-.-------.-.-....---------------------------.....--..-..----.----------.--.................-......----.-.....--..................__n____._.u...............______.____... BONITA MEAClQo'S 278 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ._____.__._........__________............._.___.______._..__._..........._.___._____._....._._..__..._..___.________..__00____00__..__..______.__.__________________.........____._.___00_._________......._._.______________........_ CANYON VIE~ 335 o " o 320 o o o o o o o o o o o o o o o o o o o o 320 ..._._....___.__________00______._._.__.....__._.____.___________..........____________..___..__................_.____00_.__._...................._______________...._...-..-.........--.-------------..........----....--.-----..... WXDCREST s.w. 369 54 o o 540 o o o o ,0 o o o o o o o o o o o o o o o 5" ............_.._...._._._............_.._.._........_..____00_.._......_...........__.._______00__._.........__.........__.._________.___._.._.............__..________..__.__.___.........__.....-......-------------..-........-.......--------.---.......---.......--..- LADERA VilLA. 414 29 o o 290 o o o o o o o o o o o o o o o o o o o o 290 ...............___.___..........__.._.......__________00___.._.._........_.......__.._________..__..._..._.._.._.___.._....__00_00_________....................______________............__._....._..___________.____..............______00...._............______ WXDCREST T.N. 325 86 o o ll60 o o o o o o o o o o o o o o o o o o o o ll60 .._..__........_....____........_...._....___._....._.._n....._.................___________.......................__u________..___..__.........._.........__n___________..___.__..._....._..________00_______00__00._..._......__...____00____....__......___.._....__ 9OlWINIT.C.JI. 332 34\ o o 3,410 o o o o o o o o o o o o o o o o o o o o 3,410 __....................__..__.................._.._____00___.._..._.._..__....._..............______..__..__........_....._.......____..______..___.___....................._..__n_.____....__..._.......__..______.._..__________.__u..._.....__________.....____.....__u........_ G1WIl TOTALS 10,460 5,219 2,983 164,250 146 29,200 176 98,868 5 1,500 150 4,950 160 1,280 137 13,700 56 2,800 143 715 1,350 35,100 10 400 352,763 ="''''''''''''''.'''..._........''''''......,.,.,.''''''.'''-................:c"''="...,,....=...........'''.._..................."'................==............._."..........."....="....===..====="'''.......Clat..............""'.."".="'.==="''''='''==:......''''''...._...."..--...====:=='''='''''..........."=....,,..=,,====:==..... ..___.._........._..._.._._..._..____....___................_........__..__....______..____._........._______00__________0000.._...._.._______u.._________n_n_._..._u.........__n.__..n_____.._.._..................._._....____n__.._..........__._..__..______n...._.. . At City" recfJeSt, e~refal trip rate for Rn:ho Del Rey Is 697.6 1'rlps/Aere per JHk:, July 17,1992, report. -"' ~ \ '-- '-- "-- Pag.2 12/16/92 Table 8.2 lAND USE & TRIPS FOR fiNANCIAL PLAN' AS Of 1/1/92 PROJECT RESIDENTIAL 00,B,6 T/OU} ...... _. _...... .__ _.. _ un.. _ _ _ _..... n.. _ n.... _... n _ _........ _ _................_....... _.... u___....... _ .n. n'. ..n. _ _...... _......... _.... - - - -.. n - __ _..n _. - - ...... - - --.... - - - -...- -. ...n - - -.. n. -.. TOTAL INDUSTRIAL (200 T/AC) SCHOOlS (0 T/AC) PUBLIC (0 T/AC) PARKS (0 T/AC) MEDICAL CTR (650 T/AC) CKURCH (0 TIN:.) CCMlERCIAl (250 T/AC) OffiCE (250 TlAC) ore (0 T/AC) GOLF COJRSE (0 T/AC) _ __ _..... _ _. h...... _....... __.... n... _ _ _. .... _ _.. _... _ _....... _...... n.. _ _..n..... _ _ _... h..... _ _...._ _ _...... _ _..... - _ _..... - - -... n_. - -...... - - -.... - n -. n.._ - - -.... ..-... -.. -.... - -............... -- ........... _ _ _ _...... _ _ _ _ _...._ n _... n. _ __....... _ _ _ _ _..... _ _ _ n'" _..... ....... _ __. _ _.. n. n _ _..... _ _ _..... _ _.. n.. _ _ _........ n...n......_ _ _... - n _......_ -......- - - h H"_ - - -. n.. -.. .... - - n"'_ -. -... ...... -. n - -.... GRACRE RANCKO DEL REV R.D.R.(SFD) R.O.R.(SFA) R.O.R. (MfA) 417.4 1754 44.6 461 86.0 588 O.U. TRIPS 17540 3688 352B ACRE TRIPS ACRE TRIPS ACRE TRIPS ACRE TRIPS ACRE TRIPS ACRE TRIPS ACRE TRIPS ACRE TRIPS ACRETRIPS ACRE TRIPS TRIPS RDR TOTAL 548.0 2803 .__.....____......_......._.........__.........._...............__......__ ...._.................___...______............__...____...n.._......._.....___.....____......_....____......____......_...........__n....__..... o 26,530 24756 28 5600 14 3500 o o o o o 35 19 o 43 o 0.00 o o 33,856 _......_......______.......___......._..........._...._.____.....___....._ .....___.....____...._____n....__...._.__...._n__...........__....._n_.......___...___.....___..._.___......_._....._._...._......._n...._.... EASTlAKE BUSINESS 1 o o 63 12600 24 6000 o o o o o o o o o o 12.2 7930 GREENS (Sf D) GREENS (Sf A) GREENS (MfA) 251.0 1069 163.0 1987 24.0 483 . __.. n_._ _......... _ _ _..... n _ _ _ _ _....._ _ _....... _ _ _....... _.. _.... _ _ _... _....... _ _ _..... _ n _ _... _. __ _ _ _... _ _..... _ _ _..... _ _ __.... _ _ _ _..... - -.... - - --..... - n -.. n_ n _.... _ _ _....... - - -...... - -.... --........ hn. - n - - -... 10691l 158% 2898 .__n_.._._____n..._..____...._..____....._____.......___......__.....__....__n_......_.........___....___.....___......__.....__..._._____....__.....__n.....__n....___.u_.___....._.___.....__....._..n.___....n._.... GREENS TOTAL 438.0 3539 .....__........_____.._...__._........_.........___....._____....__._....__n......_.h.....____....___._.....__...___n_..._.__....._......__.......__......___...___n..________.____._....___...._____..._n_..._n._...____ SUNBO.l(SfO) SUNB().l(SFA) SUNBa.I(MfA) 266.2 1128 47.2 5Ell 16.3 238 29484 11280 4640 1428 o o 45 11250 o o o o 160 59 o 12 o 37 o o o 40,734 o SUNBa.I TOTAL 329.7 1946 _... _. _ _ _ _ _.. _.... _ _ _ _ _...... _... _... u__ _........ _ _ _..... _ _ _ _..... _ _ h.. _. _ _ n..... _ _ _ n _.. _ _ _ _ _..... _ _ _.. __. _ n _... _ _ _ h... _. _ _.... _ _ _ _.. .__ _ _ _. _.. _ _ _ _.... _ _ _ _ _.. - - - - n" -. -.... -. - - - -. -. -. - -- - -.. -. - u .n_ -- -... - - - n....._ o 22 5500 3 750 150 o o o o o o o o o o o o o 7,150 17348 46 9200 10 2500 o o o o o 11 o o o 10 o o o o o 29,048 o T C (MfA) 6.0 _ _..... __ _ _...... n_ _ _ _ _....... ._...... n_......... _ _ _ _..... _ _._.... _. ___. _ _ _........ __ _....._......... - u..... _....._ _....... - - _. n_ - _..... _. - _...._ - _....... _...... -. -..... - -.... -.. -.....- - -.....- - - -.... - -..... - _u.... - u. ......___._.......__........___.u.....__n_......_.......___-...----....------...----.......--.....---......--.-...----...----.....--....-..-....-.-.-......----..-.-.....---....----....-.----...-.....--...............-.... SALT CREEK 1 . s.C.l. (SFD) S.c.1. (Sf A) S.C.1. (MFA) 28.9 19.2 8.5 __....._._........_..._......_____......___.......___.....____....___......_n......__._.....__n...___.__...__n....____..____......_n_...___.....__n.....___.....__.....____..____...u.___....___....n_...__n....____... o o o o o o o o o o o o o o o o o o 3,604 150 110 20S 144 900 o SALT CRK 1 TOTAL 56.6 ._..._.._____....._____..........__......_____...______.....__....___n_...___n....____......_.......____...n_.....__._...__.....___.n...____....__....u.____....____..___..._____.n.._____...___.....___...._____....__.. SALT CREEK RANCK S.C.R. (SFD) S.C.R. (SFA) S.C.R. (MfA) 150.1 1007 0.0 0 15.6 60 459 10070 o 360 1100 1640 864 3604 o s.c. RANCK TOTAL 165.7 1067 ..___..........__........_........_____....._.____.._.____._...___.....___......___......___.....___..._____.....__._.._.__.....__.....____......_......._.h....n._...__....___.....____......__...____.....___....._n....._ o o o o o o o o o 12 o o 12 o o o o 10,430 ._______.......n_......____.........___......___......__.....___...._.___.......___...n.__u..__..n...____.....__......-....---.......--.....---.....--.......--..........--...-------....---.-...--......---....---.....--- SAN MIGtl:l RANCN S.M.R. (SFD) S.H.R. (SFA) S.H.R. (MfA) 423.0 1000 o o 10430 10000 o o o SAN HIGU::l TOTAL 423.0 1000 ._.n.______........___._........_._................___....._......_.__.....___...._._.__....._.....n__......._h...___....____.....__n...___.....___.......___.n___....__....__........_.......__._...._n..__._.....___... o 14 3500 o o o o o o o o o o 21 o o o o 13,500 ...__............ ___..n....___._... ...._._......_._......__...n__........ _.._....._......_.n.....___.._...._ _..._n......_........n.....___ n. .____.. .._ ___.....___...___...___ _....._..._....._...u___.....n............ "- ~ \ '-- '- )v 10000 o Table 8.2 lAND USE . TRIPS FOR FINANCIAL PLAN' AS OF 1/1/92 PRO J E C T .....----........---.-...........---.........--...-----.....-.--.......----.-.....-.-..........---.-.......--.....-.----......-.-......--.-......---....----........--.......---.....---..............---... TOTAL RESIDENTIAL (10,8,6 T/oo) INDUSTRIAL (200 T/AC) C<H<lERCIAL (250 T/AC) OFFICE (250 T/AC) ore (OT/AC) GOLF CllJRSE (OT/AC) SCHOOLS (OT/AC) P\J8LIC (OT/AC) PARKS (0 T/AC) MEDICAL crR (650 T/AC) CHURCK (0 T/AC) ..__n_._......._n.__...._n__......______......u_......_.._...................n__.......un_.....____n.....____.....__u......n_u.nn._n.....___.........__.............____....___._____.._.....- ......_n.._........_u_........___......_.._.___........___...__._00__.._ .n._....._u___...u..___n.......___.__....__n.__._u_..._...___.....___.n.......n......._.................__._.._.___......_..........--..-- OTAY RANCK VILLAGE 1 S.H.R. (SFD) S.H.R. (SFA) S.H.R. (MFA) GRACRE 485.0 1845 43.5 631 43.5 631 O.U. TRIPS ACRE TRIPS ACRE TRIPS ACRE TRIPS ACRE TRIPS ACRE TRIPS ACRE TRIPS ACRE TRIPS ACRE TRIPS ACRETRIPS ACRE TRIPS TRIPS 18450 504ll 3786 VIL. 1 TOTAL ...___..........__.....______....________......___.n._......__n_......._............................._........._.................___........__...............____.....___......_._...._.._n__...._____...._n......_n....._ o o 23 5750 o o o o 10 o o 10 o o o o 33,034 ______..._._.____......____......_.........______...........___.....__n_......n......_______......________.__._.___.....u_n..._.___.....__._....______......__.___...___...______.....______...._n__....___......_........ VILLAGE 5 S.H.R. (SFD) S.H.R. (SFA) S.M.R. (MFA) 572.0 3107 27284 288.5 1296 44.9 651 44.8 650 o 13 o o 12900 5208 3900 -.......-.-----.....-.-.-.......-.----.--....--.--........---.......---........--.-....-.-.-.......---.-......----.....--.--....----........---......---......----.....--......-----......---......-.....---.-....---........" o o 31 7750 500 o o o 20 o 24 o 20 o o o o 57,622 VIL. 5 TOTAL 378.2 2599 22088 o o 8 2000 500 o o o 10 o 11 o 10 o o o 24,588 o o 2 ...___.....____......____........__.......n......_____..._._...n..___......_n.....__......._. __....._._._____._..._.___........00.__.__.....____...........__...._.__........._._...____._......._.___......___... OTAY RANCH TOTAL 950.2 5706 493n o BREHM' SFO BREHM' SFA _ _....... _. _ _ _ _ _...... ._u..... n.............. _. _......... _ _....... _...... __._._ _ ._....... _. __..... n _ __.... _.._......._ _ _. .n.n n." __. __ n __... _. _ _ _....... n _...._ n _..... n_ _........ - - u..._ 00 _.... - - - --.... n -..... -.-- o o 3.3 18.2 22 230 220 1840 ......___..__......._.__....._...____......_.__n_....._____._....___n......_n_......______......____......____....._.__......_n__....._____.._..____.....___....._.____....n____...._n_n.._._......__......._.....__.__. 21.5 o 2,060 252 o o o o o o o o o o o o o o o o 2060 ....____...................__.........._._.........__._...._..__n_....___.._....._.._.......___._...__n_....._..___....._.n_.....___......____....__n_........__...______..__.._.__.....____...._____....n....._n....._.. fok)lTlLLO TOTAL WlITA HEMlQ,J-SFD 0.0 o o o o o o o o o o o o o o o o o o o o o o o ......_n...........__......_.__..._......_.___......._n.._....._n_........n___...._..__...._............___..__.___n_..___n__.....__......._......._..__.....__......_..__.......____....__.....__......_.__..__n....... 40 o o o o o o o o o o o o o o o o o 40 CANYON VIE'" - SFA o o o o o o o o o o o o o o o o o o o o o o ...__........__._____.....___..__.........____....._..___....__..__....._...__.....__..u....._..__.....___......_._...u....__.....___......._n...._._.._.....____......___....___._......__n...___.....___.....n........__ o I.t((lCRSTS1,I- SFtI 1.4 o o LADERA VILLA 'SFtI ...nn.........._.__.....____.._......_.____.._...__..__.....____..n.______......._.__......___......._..........__..__..._._......___.....___......_n_...._...__.....___.____..__.......--.....-.-......-00.....-......-.-. o o o o o o o o o o o o o o o 300 o o o o o o o o o o o o o o o o o o o o n......__._.___._...uu_..........___...........__......___.......__._.......n_........_._......._.._.....___.._......__....____....._._.._..____.__....._........__.__._..___......____._...__._....__.....____....n_..... ____...__.__..___n....___._........___._.........____......____.....__n_....._.____......._._........__...............___....._.._._....._....._._.__....._n_._..______...._-...-......-.....--.....--.--..............-.... I.t((lCRSTTN'SFD 9.2 o o o 30 300 BAtD'NIN/TCR . SFO 80.7 344 3440 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,440 ...____n..___.....______......._._n.......______.....__._n............_...__.........._.....____n......_.____.._...._....._-........--....---.......-----.-....00--.....--.......----......____...___._.._.n_....____...__ rOT A l S 3,030.0 17300 151734 137 27400 160 40000 1250 150 0 160 0 137 0 56 0 143 0 12.2 7930 10 0228,314 ,,==,,=========""==,,=,,=,,=======,,=""===,,=""""""=====""="'''==",,=,,=,,======"1111"===""==="==="=="""="====="==="===""="===""====="==,,,,=====,,,,=======,,,,=======::="="""="="======""=======:==::=="==::=,,,,=====,,,,==:: "-.. ~ ~ \:) Appendix B Development Schedule /t)/J- /J'/ Table 8.3 Table 8.3 o EVE LOP MEN T SCHEDULE f I S C A L ........................................--.-.................-...---------.---.-..----............-...-...----- YEA R S f 0 S f A MfA INDUSTRIAL COMMERCIAL OffICE MED CENTER TOTALS -----~--_.._._._------------------------------------------------------------------------------------------------------------ 1991/92 D.U./Developed Acres 0 0 0 0 0 0 0 Adj. Developed Trips 0.0 0.0 0.0 0 0 0 0 0 Vacant Acres 2,405 380.6 244 .7 137 160 5 12.2 3,344 1992/93 D.U./Developed Acres 693 390 217 15 11 0 0 Adj. Developed Trips . 6930.0 3120.0 1302.0 3000 2750 0 0 17,102 Vacant Acres 2231. 3 349.3 226.7 122 149 5 12.2 3,095 1993/94 D.U./Developed Acres 1386 780 434 30 22 0 0 Adj. Developed Trips 13860.0 6240.0 2604.0 6000 5500 0 0 34,204 Vacant Acres 2057.9 318.0 208.6 107 138 5 12.2 2,847 1994/95 D.U./Developed Acres 2079 1170 651 45 33 0 0 Adj. Developed Trips 20790.0 9360.0 3906.0 9000 8250 0 0 51,306 Vacant Acres 1884.5 286.8 190.6 92 127 5 12.2 2,598 1995/96 D.U./Developed Acres 2772 1560 868 60 44 0 0 Adj. Developed Trips 27720.0 12480.0 5208.0 12000 11000 0 0 68,408 Vacant Acres 1711.1 255.5 172.6 77 116 5 12.2 2,349 1996/97 D.U./Developed Acres 3465 1950 1085 75 55 0 0 Adj. Developed Trips 34650.0 15600.0 6510.0 15000 13750 0 0 85,510 Vacant Acres 1537.7 224.2 154.5 62 105 5 12.2 2,101 1997/98 D.U./Developed Acres 4158 2340 1302 90 66 0 0 Adj. Developed Trips 41580.0 18720.0 7812.0 18000 16500 0 0 102,612 Vacant Acres 1364.4 192.9 136.5 47 94 5 12.2 1,852 1998/99 D.U./Developed Acres 4851 2730 1519 105 77 0 0 Adj. Developed Trips 48510.0 21840.0 9114.0 21000 19250 0 0 119,714 "- Vacant Acres 1191.0 161.6 118.4 32 83 5 12.2 1,603 ~ ~ ~ Table 8.3 Table 8.3 D EVE LOP MEN T S C H E D U L E F I S C A L --------------------------------------------------------------------------------------------------------------- YEA R S F D S F A MFA INDUSTRIAL COMMERCIAL OFFICE MED CENTER TOTALS -------.-------------------------------------------------------------------------------------------------------------------- 1999/2000 D.U./Developed Acres 5544 3120 1736 120 88 0 0 Adj. Developed Trips 55440.0 24960.0 10416.0 24000 22000 0 0 136,816 Vacant Acres 1017.6 130.3 100.4 17 72 5 12.2 1,355 2000/01 D.U./Developed Acres 6237 3510 1953 137 99 0 0 Adj. Developed Trips 62370.0 28080.0 11718.0 27400 24750 0 0 154,318 Vacant Acres 844.2 99.1 82.4 0 61 5 12.2 1,104 2001/02 D.U./Developed Acres 6930 3900 2170 137 110 0 12.2 Adj. Developed Trips 69300.0 31200.0 13020 . 0 27400 27500 0 7930 176,350 Vacant Acres 670.8 67.8 64.3 0 50 5 0.0 858 2002/03 D.U./Developed Acres 7623 4290 2387 137 121 0 12.2 Adj. Developed Trips 76230.0 34320.0 14322.0 27400 30250 0 7930 190,452 Vacant Acres 497.4 36.5 46.3 0 39 5 0.0 624 2003/04 D.U./Developed Acres 8316 4680 2604 137 132 0 12.2 Adj. Developed Trips 83160.0 37440.0 15624.0 27400 33000 0 7930 204,554 Vacant Acres 324.0 5.2 28.3 0 28 5 0.0 390 2004/05 D.U./Developed Acres 9009 4745 2821 137 143 0 12.2 Adj. Developed Trips 90090.0 37960.0 16926.0 27400 35750 0 7930 216,056 Vacant Acres 150.6 0.0 10.2 0 17 5 0.0 183 2005/06 D.U./Developed Acres 9611 4745 2944 137 154 0 12.2 Adj. Developed Trips 96110.0 37960.0 17664.0 27400 38500 0 7930 225,564 Vacant Acres 0.0 0.0 0.0 0 6 5 0.0 11 2006/07 D.U./Developed Acres 9611 4745 2944 137 160 5 12.2 Adj. Developed Trips 96110.0 37960.0 17664.0 27400 40000 1250 7930 228,314 Vacant Acres 0.0 0.0 0.0 0 0 0 0.0 0 '" ~ \ '-... ~ '- ~ , '-...... '-- ---0 Table 8.3 Table 8.3 D EVE LOP MEN T S C H E D U L E FISCAL YEA R ~-------------------------------------------------------------------------------------------------------------- S F D S F A MFA INDUSTRIAL COMMERCIAL OFFICE MED CENTER TOTALS ---------------------------------------------------------------------------------------------------------------------------- 2007/08 D.U./Developed Acres 9611 4745 2944 137 160 5 12.2 Adj. Developed Trips 96110.0 37960.0 17664.0 27400 40000 1250 7930 228,314 Vacant Acres 0.0 0.0 0.0 0 0 0 0.0 0 2008/09 D.U./Developed Acres 9611 4745 2944 137 160 5 12.2 Adj. Developed Trips 96110.0 37960.0 17664.0 27400 40000 1250 7930 228,314 Vacant Acres 0.0 0.0 0.0 0 0 0 0.0 0 2009/10 D.U./Developed Acres 9611 4745 2944 137 160 5 12.2 Adj. Developed Trips 96110.0 37960.0 17664.0 27400 40000 1250 7930 228,314 Vacant Acres 0.0 0.0 0.0 0 0 0 0.0 0 Appendix C Allowable Debt /1/1 - //Y Table 8.4 All 0 ~ A B l E DEBT ( DOL LA R S I' THO USA N D S ) ......................................................................................................................................................-.......................-............. ...............RESIDENTIAl "''''.."'''"...,,.. S FD S , A . , A INDUSTRIAL COMMERCIAL OffiCE MEO.CENTER TOTAL TOTAL VALUE TOTAL ""- REMAINING , I SCAL Developed Values: 5200 K/CU 51S0K/DU 570 K/OU 5S0/Sf $70/Sf 570/SF 570/SF VALUE OF OF DEVELOPED ALLOWABLE STANDING AllOWABLE '1EAR Vacant v.lues: 550K/AC 550 K/AC 550K/At 550 K/AC 550 K/At 550K/AC 550 K/AC VACANT LAND IMPROVEMENTS lIENIJ3.5:1 DEBT DEBT ......................................................................................................................................................................................................... 1991/92 D.U. I DeveLoped S.F. 0 0 0 0 0 0 0 Developed Value SO SO SO SO SO SO SO Vacant Acres 2,405 380.6 244.70 m 160 S 12.2 Vacant VaLue 5120,235 519,030 512,235 56,850 sa,ooo 5250 $610 5167,210 SO 547,774 598,000 (550,226) 1992/93 D.U. I Developed S.F. '" 390 217 150,000 110,000 0 0 Developed Value 5138,600 558,500 515,190 57,500 57,700 SO SO Vacant Acres 2,231.3 349.3 226.66 '" '" 5 12.2 Vacant Value 5111,565 517.466 511,333 $6,100 57,450 5250 $610 5154,m 5227,490 5109,218 598,000 511,218 1991194 D.U. I Developed S.F. 1,3B6 780 m 300,000 220,000 0 0 Developed Value 52n,200 5117,000 530,380 515,000 515,400 SO SO Vacant Acres 2,057.9 318.0 208.6 107 138 5 12.2 Vacant Value 5102,896 515,902 510,431 55,350 $6,900 5250 $610 5142,339 $1,54,980 5110,663 598,000 5n,663 1994/95 D.U. I DevelopedS.F. 2,079 1,170 651 450,000 330,000 0 0 Developed Value $1,15,800 5175,500 545,570 522,500 523,100 SO SO Vacant Acres 2,m.O 1560.0 191 92 127 5 12.2 Vacant Value 5138,600 578,000 59,530 $4,600 $6,350 5250 $610 5237,940 S682,470 5262,974 598,000 5164,914 1995/96 D.U. I Developed S.F. 2.m 1,560 868 600,000 440,000 0 0 "- Developed Value 5554,400 5234,000 $60,760 530,000 530,800 SO SO 'Z Vacant Acres 1,711 255.5 173 n '16 5 12.2 Vacant Value 185,557 512,n4 $8,628 53,850 $5,800 5250 $610 5111,468 5909,960 5293,551 598,000 1195,551 ~996197 D.U. I Developed S.F. 3,465 1,950 1,085 750,000 550,000 0 0 Oeveloped Value 1693,000 5292,500 575,950 137,500 $38,500 SO SO \ Vacant Acres 1,538 224.2 1SS " 105 5 12.2 '-.... Vacant Value 576,887 $11,209 11,n6 53,100 55,250 1250 $610 5105,On 11,137,450 5354,995 598,000 5256,995 -- ~ Page 1 02/05/93 ~ .; - :0 :. ~:: s ~ ~ '" ~ w ~ ~ c ~~ ~ ~ lD o ~ C> w ~ ~ ~~: c ~ ~ o z c ~ ~ o ... Q ~ ~ ... ~ :; ~ ~ -' :::: :> ~ = : g ~ ~ ~ -' l:i j c g 3 ~ ~ ~ > ~ ~ c ~ u ~ ~ 5 w ;::5:: ~ ... M Z o o w ~ ~ ~ w'Z o g ~ ~ ~ z ~ ~~~ ~ ~ ~ w o z c > o ~ c w ~ ~ ~ ~ ~ c . . . ~ w : -< ~ ~ i z ~ i : ~ c ~ ~ 0 w ~ < ~ ~ ~ ~~ ~ :;;::.; . . 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C ~ 0 ! < "- ~ N- ~- ~ 0 0 0 N % ~ ~ = = = ~ 0 0 0 '" ~ ~ ~ ~- 10 = ~ < ~ ~ C ~ :;: ;:: ~ :;: = W ;; ~ = I 0 0 0 ~ :0 0 = ~ N 0 < .; i ;, 0 :;: ~ ~ 0 ;;. N = = . . . . -" , ~ . . I > > . I c 0 -" .. . . . . > . , 0 u > l~ . .. . . > > Q > . , ~ c c 0 'i . . . )1/// > u u . . . 12 Q Q > > // < ~ ~ < , ~ ~ 0 0 N Appendix D Cash Flow Analysis J'!4 - /.2 '3 Table 8.5 Best Case CAS H F L 0 Y A N A L Y S I S (I NTH 0 USA NOS ) FISCAL YEAR ENDING: 1993 1994 1995 1996 1997 1998 1999 2000 ------------------------------------------------- --------------------------------------------------------------------- DEBT CONSTRUCTION: FY 93 EXPENSE $0 $0 $0 $0 $0 $0 $12,396 $0 INFLATION FACTOR 4.00% 1.00 1.04 1.08 1.12 1.17 1.22 1.27 1.32 FUND I NG REQU I RED $0 $0 SO SO SO SO S15,686 SO LESS ACCUM REVENUE TRF'O FROM SURPLUS $0 SO SO SO SO SO (S15,686) SO -------- -------- -------- -------- -------- NET COST SO SO SO SO SO SO (SO) SO CAPITALIZED INTEREST (8%) 0 0 0 0 0 0 (D) 0 FINANCING COST 16.30% 0 0 0 0 0 0 (0) 0 -------- -------- -------- -------- -------- ANNUAL BOND SALE - SEPT 2 OF SA ID FY SO SO SO SO SO SO (SO) SO BONDS OUTSTANDING 0 0 0 0 0 0 0 0 ANNUAL DEBT SERVICE (8 1/2% - 25 YRS) 0 0 0 0 0 0 0 0 INTEREST ON ACCUMULATED PRINIPAL 0 0 0 0 0 0 0 0 -------- -------- -------- -------- -------- PRINCIPAL SO SO SO SO SO SO SO SO CALLED BONDS 0 0 0 0 0 0 0 0 ACCUMULATED PRINCIPAL BALANCE 0 0 0 0 0 0 0 0 EST RESERVE FUND BAL 10% 0 0 0 0 0 0 0 0 ANNUAL ADMINISTRATION FEE (4% INFL./YR.) 35 36 38 39 41 43 44 46 PREPAYMENT PENALTY (3%) 0 0 0 0 0 0 0 0 LESS RESERVE FUND INTEREST (60% AT 4%) 0 0 0 0 0 0 0 0 -------- -------- ----~--- -------- -----~-- NET ANNUAL DEBT SERVICE S35 S36 S38 S39 S41 $43 $44 $46 TOTAL ANNUAL CASH REQUIRED S35 S36 S38 S39 $41 S43 $44 $46 ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- REVENUES: 125 T-OIF TRIPS/YEAR (TABLE 8.3) 17102 17102 17102 17102 17102 17102 17102 17102 COST PER TRIP (INC @ 4% PER YR.) S143.00 S148.72 S154.67 S160.86 S167.29 Sl73.98 S180.94 Sl88.18 REVENUE S2,446 S2,543 S2,645 S2,751 S2,861 S2,975 S3,094 S3,218 NET REVENUES: 125 T-OIF REVENUE S2,446 S2,543 S2,645 S2,751 S2,861 S2,975 $3,094 S3,218 INTEREST ON ALL EXCESS (50% @ 4%) $49 $149 S257 S374 S500 $634 S152 S282 TOTAL DEVELOPED TAX SO SO SO $0 SO SO SO $0 TOTAL UNDEVELOPED TAX SO $0 SO SO SO SO SO SO CAPITALIZED INTEREST SO SO SO $0 SO SO (SO) SO RESERVE FUND TRANSFER ----------------------------------- --------------------------------------------------------------~--~--- TOTAL TAX AND FEE REVENUE S2,494 S2,692 S2,900 S3,121 $3,355 S3,603 S3,238 S3,491 EXCESS (DEFICIT) S2,459 S2,655 S2,862 S3,082 $3,314 $3,561 $3,194 $3,445 ACCUMULATED EXCESS (DEFICIT) $2,459 $5,115 $7,977 $11,058 $14,373 $2,248 $5,442 ($0) SURPLUS TRANSFERRED TO CONSTRUCTION $0 $0 $0 $0 $0 ($15,686) $0 ($8,887> TRANSFER TO BOND CALL $0 $0 $0 $0 SO SO $0 $0 it//) -))( CAS H F LOW ANALYSIS ( I N THO USA NOS ) ----------------------------------------------------------------.------------------------------------------------------ 2001 2002 2003 2004 2005 2006 2007 2008 2009 ---------------._------------------------------.--------------------------------.-------------------------------------- DEBT CONSTRUCTION: FY 93 EXPENSE $13,342 $0 $2,215 $0 $0 $0 $0 $0 $0 INFLATION FACTOR 1.37 1.42 1.48 1.54 1.60 1.67 1.73 1.80 1.87 FUNDING REQUIRED $18,260 $0 $3,279 $0 $0 $0 $0 $0 $0 LESS ACCUM REVENUE TRF'D FROM SURPLUS ($8,887) $0 ($3,279) $0 $0 $0 $0 $0 $0 -------- -------- -------- -------. -------- -------- -------- -------- NET COST $9,373 $0 ($0) $0 $0 $0 $0 $0 $0 CAPITALI2ED INTEREST (8%) 750 0 (0) 0 0 0 0 0 0 FINANCING COST 1,528 0 (D) 0 0 0 0 0 0 -------- -------- -----.-- -------- -------- -------- -------- -------- ANNUAL BOND SALE - SEPT 2 OF SAID FY $11,650 $0 ($0) $0 $0 $0 $0 $0 $0 BONDS OUTSTANDING 11,650 11,650 11,650 7,299 5,413 3,278 1,263 955 0 ANNUAL DEBT SERVICE 1,888 1,138 1,138 1,138 713 529 320 123 0 INTEREST ON ACCUMULATED PRINIPAL 1,766 990 990 990 620 460 279 107 0 ----.--- -------- -------- -------- -------- -------- -------- -------- PRINCIPAL $122 $148 $179 $140 $123 $106 $90 $93 $0 CALLED BONDS 0 0 0 (4,220) (2,231) (1,991) (1,826) (448) 0 ACCUMULATED PRINCIPAL BALANCE 11,650 11,528 11,380 6,980 4,609 2,495 564 0 0 EST RESERVE FUND BAL 10% 1,165 1,165 1,165 739 541 328 126 95 0 ANNUAL ADMINISTRATION FEE (4% INFL./YR. 48 50 52 54 56 58 61 63 0 PREPAYMENT PENALTY (3%) 0 0 0 128 67 60 55 13 0 LESS RESERVE FUND INTEREST (60% AT 4%) 0 29 28 29 18 13 8 3 2 -------- ----_.-. -------- -------- -------- -------- -------- -------- NET ANNUAL DEBT SERVICE $1,936 $1,189 $1,162 $1,291 $818 $634 $428 $197 ($2) TOTAL ANNUAL CASH REQUIRED $1,936 $1,189 $1,162 $1,291 $818 $634 $428 $197 ($2) ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- REVENUES: 125 T-OIF TRIPS/YEAR (TABLE 8.3) 17502 22032 14102 14102 11502 9508 2750 0 0 COST PER TRIP (INC @ 4% PER YR.) $195.71 $203.53 $211.67 $220.14 $228.95 $238.11 $247.63 $257.53 $267.84 REVENUE $3,425 $4,484 $2,985 $3,104 $2,633 $2,264 $681 $0 $0 NET REVENUES: 125 T-DIF REVENUE $3,425 $4,484 $2,985 $3,104 $2,633 $2,264 $681 $0 $0 INTEREST ON ALL EXCESS (50% @ 4%) $68 $181 $60 $62 $68 $57 $20 $0 $0 TOTAL DEVELOPED TAX $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL UNDEVELOPED TAX $0 $0 $0 $0 $0 $0 $0 $0 $0 CAPITALIZED INTEREST $770 $0 ($0) $0 $0 $0 $0 $0 $0 RESERVE FUND TRANSFER ----------------------------~-----~--------------------------~-----------------------------------~-~------------------- TOTAL TAX AND FEE REVENUE $4,262 $4,661 $3,045 $3,167 $2,688 $2,312 $698 ~ $0 / '1/1 -j, Table 8.5 Worst Case CAS H F LOW A N A L Y S I S (I NTH 0 USA N D S ) FISCAL YEAR ENDING: 1993 1994 1995 1996 1997 1998 1999 2000 --------------------------------~~--------------- -----------------------~--------------------------------------------- DEBT CONSTRUCTION: FY 93 EXPENSE $0 $0 $0 $0 $0 $0 $12,396 $0 INFLATION FACTOR 4.00% 1.00 1.04 1.08 1.12 1.17 1.22 1.27 1.32 FUNDING REQUIRED $0 $0 $0 $0 $0 $0 $15,686 $0 LESS ACCUM REVENUE TRF'D FROM SURPLUS $0 $D $0 $0 $0 $0 ($15,686) $0 -------- -------- -------- -------- -------- NET COST $0 $0 $0 $0 $0 $0 ($0) $0 CAP IT All ZED INTEREST (8%) 0 0 0 0 0 0 (0) 0 FINANCING COST 16.30% 0 D 0 0 0 0 (D) D -------- -------- -------. -------- ------.. ANNUAL BOND SALE - SEPT 2 OF SA ID FY $0 $D $0 $0 $0 $0 ($0) $0 BONDS OUTSTANDING 0 0 0 0 0 0 0 0 ANNUAL DEBT SERVICE (8 1/2% - 25 YRS) 0 0 0 0 0 0 0 0 INTEREST ON ACCUMULATEO PRINIPAL 0 0 0 0 0 0 0 0 -------- -------- -------- -------- -------- PRINCIPAL $0 $0 $0 $0 $0 $0 $0 $0 CALLED BONDS 0 0 0 0 0 0 0 0 ACCUMULATED PRINCIPAL BALANCE D 0 0 0 0 0 0 0 EST RESERVE FUND BAL 10% D D 0 0 0 0 0 0 ANNUAL ADMINISTRATION FEE (4% INFL./YR.) 35 36 38 39 41 43 44 46 PREPAYMENT PENALTY (3%) 0 0 0 0 D 0 0 0 LESS RESERVE FUND INTEREST (60% AT 4%) 0 0 D 0 D 0 D 0 -------- -------- -------- -------- -._----. NET ANNUAL DEBT SERVICE $35 $36 $38 $39 $41 $43 $44 $46 TOTAL ANNUAL CASH REQUIRED $35 $36 $38 $39 $41 $43 $44 $46 ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- REVENUES: 125 T-DIF TRIPS/YEAR (TABLE 8.3) 17102 171D2 17102 17102 17102 17102 17102 17102 COST PER TRIP (INC @ 4% PER YR.) $143.00 $148.72 $154.67 $160.86 $167.29 $173.98 $180.94 $188.18 REVENUE $2,446 $2,543 $2,645 $2,751 $2,861 $2,975 $3,094 $3,218 NET REVENUES: 125 T-DIF REVENUE $Z,446 $2,543 $2,645 $2,751 $2,861 $2,975 $3,094 $3,218 INTEREST ON ALL EXCESS (50% @ 4%) $49 $149 $257 $374 $500 $634 $152 $282 TOTAL DEVELOPED TAX $0 $0 $0 $0 $0 $0 $0 $0 TOTAL UNDEVELOPED TAX $0 $0 $0 $0 $0 $D $0 $0 CAPITALl2ED INTEREST $0 $0 $0 $0 $0 $0 ($0) $0 RESERVE FUND TRANSFER ----------------------------------- --------------------------------------------------------------_.-._-- TOTAL TAX AND FEE REVENUE $2,494 $2,692 $2,90D $3,121 $3,355 $3,603 $3,238 $3,491 EXCESS (DEFICIT) $2,459 $2,655 $2,862 $3,D82 $3,314 $3,561 $3,194 $3,445 ACCUMULATED EXCESS (DEFICIT) $2,459 $5,115 $7,977 $11,058 $14,373 $2,248 $5,442 ($0) SURPLUS TRANSFERRED TO CONSTRUCTION $0 $0 $0 $0 $0 ($15,686) $0 ($8,887) TRANSFER TO BOND CALL $0 $0 $0 $0 $0 $0 $0 $0 }'-! /! - /.2. (, Table 8.5 ~orst Case CAS H F L 0 ~ ANALYSIS ( I N THO USA N D S ) -----------~~--------------------------~-~--_.__.._-------------------------------------------------------------------- 2001 2002 2003 2004 2005 2006 2007 2008 2009 ----------~~------~---------~-~-------------~--------~----------------------------------------------------------------- DEBT CONSTRUCTION: FY 93 EXPENSE $13,342 $0 $2,215 $0 $0 $0 $0 $0 $0 INFLATION FACTOR 1.37 1.42 1.48 1.54 1.60 1.67 1.73 1.80 1.87 FUNDING REQUIRED $18,260 $0 $3,279 $0 $0 $0 $0 $0 $0 LESS ACCUM REVENUE TRF'D FROM SURPLUS ($8,887) $0 ($3,279) $0 $0 $0 $0 $0 $0 -------- -------- -------- -------- -------- -------- -------- -------- NET COST $9,373 $0 ($0) $0 $0 $0 $0 $0 $0 CAPITALIZED INTEREST (8%) 750 0 (0) 0 0 0 0 0 0 FINANCING COST 1,528 0 (0) 0 0 0 0 0 0 -------- -------- -------- -------- -------- ---~--~- ~---._~- -------- ANNUAL BONO SALE - SEPT 2 OF SAID FY $11,650 $0 ($0) $0 $0 $0 $0 $0 $0 BONDS OUTSTANDING 11,650 11,650 11,650 11,650 11,650 11,650 11,650 11,650 11,650 ANNUAL DEBT SERVICE 1,888 1,138 1,138 1,138 1,138 1,138 1,138 1,138 1,138 INTEREST ON ACCUMULATEO PRINIPAL 1.766 990 990 990 990 990 990 990 990 ----.--- -------- -------- -------- -------- -------- -------- -----~-- PRINCIPAL $122 $148 $148 $148 $148 $148 $148 $148 $148 CALLEO BONDS 0 0 0 0 0 0 0 0 0 ACCUMULATED PRINCIPAL BALANCE 11,650 11,528 11,380 11,201 11,061 10,938 10,832 10.742 10,649 EST RESERVE FUND BAL 10% 1,165 1,165 1,165 1,165 1,165 1,165 1,165 1,165 1,165 ANNUAL ADMINISTRATION FEE (4% INFL./YR. 48 50 52 54 56 58 61 63 0 PREPAYMENT PENALTY (3%) 0 0 0 0 0 0 0 0 0 LESS RESERVE FUND INTEREST (60% AT 4%) 0 29 28 28 28 28 28 28 28 -~------ -------- -------- -------- -------- -------- -------- -------- NET ANNUAL DEBT SERVICE $1,936 $1,189 $1,162 $1,164 $1,166 $1,169 $1,171 $1,173 $1,110 TOTAL ANNUAL CASH REQUIRED $1,936 $1,189 $1,162 $1,164 $1,166 $1,169 $1,171 $1,173 $1,110 ------- ------- ------- ------- ------- ------- ------- ------- ------- REVENUES: 125 T-DIF TRIPS/YEAR (TABLE 8.3) 17502 0 0 0 0 0 0 0 0 COST PER TRIP (INC @ 4% PER YR.) $195.71 $203.53 $211.67 $220.14 $228.95 $238.11 $247.63 $257.53 $267.84 REVENUE $3,425 $0 $0 $0 $0 $0 $0 $0 $0 NET REVENUES: 125 T-DIF REVENUE $3,425 $0 $0 $0 $0 $0 $0 $0 $0 INTEREST ON ALL EXCESS (50% @ 4%) $68 $181 $60 $62 $68 $57 $20 $0 $0 TOTAL DEVELOPED TAX $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL UNDEVELOPED TAX $0 $0 $0 $0 $835 $1,111 $1,151 $1,173 $1,110 CAPITALIZED INTEREST $nO $0 ($0) $0 $0 $0 $0 $0 $0 RESERVE FUND TRANSFER ----------------------------------------~-----------~----_.~---~--~-------------------------_._-~_._~------------------ TOTAL TAX AND FEE REVENUE $4,262 $181 $60 $62 $68 $57 $20 $0 $0 EXCESS (DEFICIT) $2,326 $3,471 ($1,103) ($1,102) ($1,099) ($1,111) ($1,151) ($1,173) ($1,110) ACCUMULATED EXCESS (DEFICIT) $2,2n $2,469 $1,366 $264 ($835) ($1,111) ($1,151) ($1,173) ($1,110) SURPLUS TRANSFERRED TO CONSTRUCTION $0 ($3,279) $0 $0 $0 $0 $0 $0 $0 TRANSFER TO BOND CALL $0 $0 $0 $0 $0 $0 $0 $0 $0 /,//}-/), 7 DEBT CDNSTRUCTIDN: FY 93 EXPENSE INFLATIDN FACTDR FUNDING REQUIRED lESS ACCUM REVENUE TRF'D FROM SURPLUS NET CDST CAPITALIZED INTEREST (8%) FINANCING CDST ANNUAL BDND SALE - SEPT Z DF SAID FY BDNDS OUTSTANDING ANNUAL DEBT SERVICE INTEREST DN ACCUMULATED PRINIPAL PRINCIPAL CALLED BDNDS ACCUMULATED PRINCIPAL BALANCE EST RESERVE FUND BAL lD% ANNUAL ADMINISTRATIDN FEE (4% INFL./YR. PREPAYMENT PENALTY (3%) LESS RESERVE FUND INTEREST (6D% AT 4%) NET ANNUAL DEBT SERVICE TDTAL ANNUAL CASH REQUIRED REVENUES: 125 T-DIF TRIPS/YEAR (TABLE 8.3) CDST PER TRIP (INC @ 4% PER YR.) REVENUE NET REVENUES: 125 T-DIF REVENUE INTEREST DN ALL EXCESS (5D% @ 4%) TDTAL DEVELDPED TAX TDTAL UNDEVELDPED TAX CAPITALIZED INTEREST RESERVE FUND TRANSFER TDTAL TAX AND FEE REVENUE EXCESS (DEFICIT) ACCUMULATED EXCESS (DEFICIT) SURPLUS TRANSFERRED TD CDNSTRUCTIDN TRANSFER TO BOND CALL 2001 CAS H F L 0 ~ A N A L Y S I S ( I NTH 0 USA NOS ) $13,342 1.37 $18,26D ($8,887) $9,373 750 1,528 $11,65D 11,65D 1,888 1,766 $122 D 11,65D 1,165 2002 $D 11,650 1,138 990 $148 D 11,528 1,165 48 D o 2003 $D $2,215 1.42 1.48 $D $3,279 $D ($3,279) $D D D ($D) 11,650 1,138 990 $148 D 11,380 1,165 50 D 29 2004 $0 1.54 $0 $D ($D) (0) (0) $D 11,65D 1,138 99D $148 D 11,2Dl 1,165 52 D 28 2005 $D 1.6D $D $D $D o D $D 11,65D 1,138 99D $148 D 11,D61 1,165 54 D 28 2006 $0 1.67 $0 $D $D o D $D 11,65D 1,138 990 $148 D 10,938 1,165 56 D 28 2007 $D 1.73 $D $D $D o D $D 11,65D 1,138 990 $148 D lD,832 1,165 58 D 28 2008 $D 1.80 $D $D $D o D $D 11,65D 1,138 990 $148 D lD,742 1,165 61 D 28 2009 $0 1.87 $0 $0 $D D o $0 D o $D 11,65D 1,138 99D $148 o lD,649 1,165 63 D 28 D o 28 $1,936 $1,189 $1,162 $1,164 $1,166 $1,169 $1,171 $1,173 $1,110 $1,936 $1,189 $1,162 $1,164 $1,166 $1,169 $1,171 $1,173 $1,110 ------- ------- ------- ------- ------- 175D2 0 $195.71 $203.53 $3,425 $D $3,425 $68 $0 $0 $770 $4,262 $0 $181 $D $0 $0 $181 $2,326 $3,471 $2,277 $2,469 $0 ($3,279) $0 $D o $211.67 $0 $0 $60 $0 $1,103 ($0) o $22D.14 $0 $0 $62 $0 $1,102 $0 $60 o $228.95 $0 $0 $68 $0 $1,099 $0 $62 o $238.11 $0 $0 $57 $0 $1,111 $0 $68 o $247.63 $0 $0 $20 $0 $1,151 $0 $57 o $257.53 $0 $0 $0 $0 $1,173 $0 $20 o $267.84 $0 $0 $0 $0 $1,110 $0 $0 $0 ($1,103) ($1,102) ($1,099) ($1,111) ($1,151) ($1,173) ($1,110) $0 ($1,102) ($2,201) ($3,312) ($1,150) ($1,173) ($1,110) $0 $0 $0 $0 $0 $0 $0 $0 $0 i~;l: /;L~ $0 $0 CAS H F LOU A N A L Y S I S ( I N THO USA N D S ) --------------------------------------------------------------------------------------------------------------------------- 2010 2011 2012 2013 2014 2015 2016 2017 2018 --------------------------------------------------------------------------------------------------------------------------- DEBT CONSTRUCTION: FY 93 EXPENSE $0 $0 $0 $0 $0 $0 $0 $0 $0 INFLATION FACTOR 1.95 2.03 2.11 2.19 2.28 2.37 2.46 2.56 2.67 FUNDING REQUIRED $0 $0 $0 $0 $0 $0 $0 $0 $0 LESS ACCUM REVENUE TRF'D FROM SURPLUS $0 $0 $0 $0 $0 $0 $0 $0 $0 ---.-.-- ---_.--- ......-- ..--.--- -------- -------- --------- ------.-- ...--_.-. NET COST $0 $0 $0 $0 $0 $0 $0 $0 $0 CAPITALIZEO INTEREST (8%) 0 0 0 0 0 0 0 0 0 FINANCING COST 0 0 0 0 0 0 0 0 0 -------- -------- -------- -------- -------- -------- --------- --------- --------- ANNUAL BOND SALE - SEPT 2 OF SAID FY SO SO SO SO SO SO SO SO SO BONOS OUTSTANDING 11,650 11,650 11,650 11,650 11,650 11,650 11,650 11,650 11,650 ANNUAL DEBT SERVICE 1,138 1,138 1,138 1,138 1,138 1,138 1,138 1,138 1,138 INTEREST ON ACCUMULATED PRINIPAL 990 990 990 990 990 990 990 990 990 -------- -------- -------- -------- -------- -------- --------- --------- --------- PRINCIPAL S148 S148 S148 S148 S148 S148 S148 S148 S148 CALLED BONDS 0 0 0 0 0 0 0 0 0 ACCUMULATED PRINCIPAL BALANCE 10,649 10,649 10,649 10,649 10,649 10,649 10,649 10,649 10,649 EST RESERVE FUND BAL 10% 1,165 1,165 1,165 1,165 1,165 1,165 1,165 1,165 1,165 ANNUAL ADMINISTRATION FEE (4% INFL./YR. 0 0 0 0 0 0 0 0 0 PREPAYMENT PENALTY (3%) 0 0 0 0 0 0 0 0 0 LESS RESERVE FUND INTEREST (60% AT 4%) 28 28 28 28 28 28 28 28 28 -------- -------- -------- -------- -------- -------- --------- --------- --------- NET ANNUAL DEBT SERVICE Sl,l10 $1,110 $1,110 S),110 Sl,110 Sl,l10 Sl,l10 Sl,l10 Sl,l10 TOTAL ANNUAL CASH REQUIRED Sl,11D Sl,110 Sl,l10 S1,110 Sl,110 Sl,l10 $1,110 $1,110 Sl,l10 ------- ------- ------- ------- ------- ------- REVENUES: 125 T-DIF TRIPS/YEAR (TABLE 8.3) 0 0 0 0 0 0 0 0 0 COST PER TRIP (INC @ 4% PER YR.) S278.55 S289.69 S301.28 S313.33 S325.86 S338.9D S352.45 S366.55 S381. 21 REVENUE SO SO SO SO SO SO SO SO SO NET REVENUES: 125 T-DIF REVENUE SO SO SO SO SO SO SO SO SO INTEREST ON ALL EXCESS (50% @ 4%) SO S7 S8 S8 S9 S9 S9 S10 S10 TOTAL DEVELOPED TAX SO SO SO SO SO SO SO SO SO TOTAL UNDEVELOPED TAX S1,110 S1,103 Sl,103 Sl,102 Sl,102 Sl,101 Sl,101 Sl,101 Sl,100 CAP IT All ZED INTEREST SO SO SO SO SO SO SO SO SO RESERVE FUND TRANSFER --------------------------------------------------------------------------------------------------------------------------- TOTAL TAX AND FEE REVENUE SO S7 sa S8 S9 S9 S9 S10 S10 EXCESS (DEFICIT) (Sl,l10) (Sl,103) (S1,103) (S1,102) (S1,102) (Sl,101) (Sl,101) (S1,101) (Sl,100) ACCUMULATED EXCESS (DEFICIT) (Sl,l10) (Sl,103) (S1,102) ($1,102) (S1,102) (Sl,101) (Sl,101) (Sl,100) (Sl,100) I VA -/ c2 ~I CAS H F LOW A N A L Y S I S (I NTH 0 USA NOS ) DEBT CONSTRUCTION: FY 93 EXPENSE INFLATION FACTOR FUNDING REQUIRED LESS ACCUM REVENUE TRF'D FROM SURPLUS NET COST CAPITALIZED INTEREST (8%) FINANCING COST ANNUAL BOND SALE - SEPT 2 OF SAID FY BONDS OUTSTANDING ANNUAL DEBT SERVICE INTEREST ON ACCUMULATED PRINIPAL PRINCIPAL CALLED BONDS ACCUMULATED PRINCIPAL BALANCE EST RESERVE FUND BAL 10% ANNUAL ADMINISTRATION FEE (4% INFL./YR. PREPAYMENT PENALTY (3%) LESS RESERVE FUND INTEREST (60% AT 4%) NET ANNUAL DEBT SERVICE TOTAL ANNUAL CASH REQUIRED REVENUES: 125 T-DIF TRIPS/YEAR (TABLE 8.3) COST PER TRIP (INC @ 4% PER YR.) REVENUE NET REVENUES: 125 T-DIF REVENUE INTEREST ON ALL EXCESS (50% @ 4%) TOTAL DEVELOPED TAX TOTAL UNDEVELOPED TAX CAPITALIZED INTEREST RESERVE FUND TRANSFER TOTAL TAX AND FEE REVENUE EXCESS (DEFICIT) ACCUMULATED EXCESS (DEFICIT) SURPLUS TRANSFERRED TO CONSTRUCTION TRANSFER TO BOND CALL 2019 $0 2.77 $0 $0 $0 11,650 1,138 990 $148 o 10,649 1,165 $1,110 $1,110 o $396.46 $0 $0 $11 $0 $1,099 $0 2020 $0 2.88 $0 $0 $0 o o $0 11,650 1,138 990 $148 o 10,649 1,165 o o 28 $1,211 $1,211 o $412.32 $0 $0 $11 $0 $1,199 $0 $12 2021 $0 3.00 $0 $0 $0 o o $0 11,650 1,138 990 $148 o 10,649 1,165 101 o 28 $1,215 $1,215 o $428.81 $0 $0 $8 $0 $1,207 $0 $12 2022 $0 3.12 $0 $0 $0 o o $0 11,650 1,138 990 $148 o 10,649 1,165 105 o 28 $1,220 $1,220 o $445_97 $0 $0 $4 $0 $1,215 $0 $9 2023 $0 3.24 $0 $0 $0 o o $0 11,650 1,138 990 $148 o 10,649 1,165 109 o 28 $1,224 $1,224 o $463.81 $0 $0 ($0) $0 $1,223 $0 $5 2024 $0 3.37 $0 $0 $0 o o $0 11,650 1,138 990 $148 o 10,649 1,165 114 o 28 118 o 28 2025 $0 3_51 $0 $0 $0 o o $0 11,650 1,138 990 $148 o 10,649 1,165 $1,233 $1,233 o $501.65 $0 $0 ($10) $0 $1,242 $0 2026 $0 3.65 $0 $0 $0 o o $0 o o $1,228 $1,228 o $482.36 $0 $0 ($5) $0 $1,232 $0 $1 ($4) $0 11,650 1,138 990 $148 o 10,649 1,165 123 o 28 o o 28 $1,110 $1,110 o $521.72 $0 $0 ($15) $0 $1,124 $0 ($9) ($14) ($1,099) ($1,199) ($1,207) ($1,215) ($1,223) ($1,232) ($1,242) ($1,124) ($1,099) ($1,199) ($1,207) ($1,215) ($1,223) ($1,232) ($1,242) ($1,124) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 F!4//JiJ $0 $0 $0 $0 Appendix E Cost Estimates Jt-j/J --- (3/ J 7-Dec-92 HNTB /Ljll ~/3;2 Page 1 of 10 Table 8.6 Interim SR 125 Construction Cost Estimate Descri tion Unit Unit Cost Total VIII. Tern ora Construction: A. Construction Stakin 1.25 mile $65.000 I $81,250 I B. Construction Area Si mile $6,000 $7,500 If $15.00 $22,500 $111,250 $729,690 $72,969 $109,454 $912,113 Total/Mile $729,690 Total/Lane Mile $364 845 I. Earthwork: A. Clearin & Grubbin 0.26. mile $30,000 $7,800 B. Roadwa Excavation 1 $10.00 $17,000 'I 1,700 I c , I C. Excess Haul 500 : cy $7.50 : $3,750 0.1 acres $2,050.00 . $2051 0 sf $1.25 $0'1 " Subtotal $28,755 mile $20,000 $5,235 If $140 $14,000 If $100 I $95,000 Subtotal $114,235 $2.75 I $57,475 $750 $58,225 If $11.00 I $0 Subtotal $0 1 17-Dec-92 HNTB P--!A- /3) Page 2 of 10 Descri tion V. Structures: I VII. Miscellaneous Items: I A. Metal Beam Guardrail B. Chain Link Fence C. Stri in D. Pavement Markers 1 VIII. Temporary Coostruction: A. Construction Stakin B. Construction Area Si ns Table 8.6 In terim SR 125 Construction Cost Estimate Unit Unit Cost sf Is sf Subtotal $15.00 $500,000 $80 $54,000 $250,000 Is Is , 0: If o! If I 5,400 I If 117 : ea f 0.26 j mile Subtotal 0.26 mile I mile 0.26, If $18.35 $10.80 $1.75 $3.00 $16,000 $65,000 $6,000 ' $15.00 I I I I II * This segment will be financed bv San Diego County Total/Mile Total/Lane Mile 17-Dec-92 HNTB Jtj413~ Total " $0': $500,000 :! II $2,016,000 :i $2.516,0001 ", I, , $0 I :~:I $0 $0 $9,450 I $351 ! $4,160 $13,961 $16,900 $1,560 $14,250 $32,710 $2,763,886 $276,389 , $414,583' I $3,454,857 $13,287,913 $6 643 956 I Page 3 of 10 Table 8.6 Interim SR 125 Construction Cost Estimate Qty. I Unit Unit Cost Tota] San Miguel Rd. (Bonita Ave. to Proctor VaUey Rd.) 0.90 mile $30.000 1 $27,000 3.500 cy $10.00 $35.000 700 cy $7.50 $5.250 acres $2,050.00 1 $410 sf $1.25 $0. I Subtotal $67,660 . 0.90 mile $100,000 $90,000 II ]f $140 $28,000 ' i ]f $825 $01, $118,000 sf $2.75 $104.500 sf $0.50 $5,250 $104,500 If $11.00 $0 Subtotal $0 sf $15.00 $15,000 Subtotal $15,000 , ]s $54,000 ' $0 ]s $250,000 I $250.000 I Subtotal $250,000 ]f $18.35 : $0 Description I. Earthwork: B. Roadway Excavation C. Excess Hau] D. Erosion Control II. Draina e: A. Roadwa Drainage E. Cross Draina e - RCP V. Structures: Walls B. Chain Link Fence D. Pavement Markers ] 7-Dec-92 HNTB ,;-1/J / /'J.5 / -//7 , Page 4 of 10 Descri tion VIII. Tern orar Construction: A. Construction Stakin Table 8,6 Interim SR 125 Construction Cost Estimate Unit ns 0.90 mile 0.90 mile If Total/Mile Total/Lane Mile Proctor VaUey Rd, (SR 125 to San Mignel Rd,) J. Earthwork & Removal: A. Clearin & Grubbin B. Roadway Excavation C. Excess Haul D. Erosion Control mile cy cy acres sf Subtotal n. Draina e: A. Roadwa B. Cross Drainage - RCP C. Concrete Box Culvert 2.00 mile 500 If 0: If Subtotal sf sf Subtotal If Subtotal 0: sf Subtotal V. Structures: 17-Dec-n HNTB Jl-j/J '/}b Unit Cost $65,000 $6,000 $15.00 ' $30,000 $2.00. $7.50 $2,050.00 $1.25 $100,000 $]40 i $8251 $3.25 $0.50 $]1.00 $]5.00 ; Total $58,500 $5,400 $22,500 $86,400 $694,570 , $69,457' i $]04,]86 $868,213 $964,681 $482 340 :; , $60,000 I' $920,000 $],200,000 $24,600 $0 $2,204,600 :' .-----J! " $200,000 'i $70,000 $0 $270,000 $ ],561,560 II " $19,800" $1,581,360 il $0 i' $O'i " , $0 I $0 I Page 5 of 10 Table 8.6 Interim SR 125 Construction Cost Estimate Descri tion Qt. Unit Unit Cost Total 0: ]s $54.000 I $0 0 Is $200,000 $0 Subtotal $0 I , , A. Metal Beam Guardrail 0 If $18.35 . $0 B. Chain Link Fence 0 If $10.80 ! I $01 , C. Stri in 63,360 If $1.75' $110,880 j. D. Pavement Markers 880 ea $3.00 $2,640 'I , mile $16,000 i $32,000 ' Subtotal $145,520 I A. Construction Stakin 2.00 mile $65,000 $130,000 'I B. Construction Area Si ns 2.00 mile $6,000 $12,000 I i $22 500 i' If $15.00 i , 1 I' $164,500 ,I $4,365,980 I $436,5981 $654,89711 $5,457,4751 Total/Mile $2,728,73811 Total/Lane Mile $1 364,36911 SR 125 (East Lake Pkwy. to Proctor Valley Rd.) I J. Earthwork: ,I , I 1.54' mile $30,000 $46,200 B. Roadway Excavation 355,000 I cy $2.00 $710,000 C. Excess Haul 125,000 I c $7.50 $937,500 1.5 , acres $2,050.00 $3,075 Subtotal $1,696.775 , 1 I 1.54 mile $100,000 $154,000 , B. Cross Draina e - RCP 500 If $140 $70.000 Ii 0 If $825 $0 ,; 17 -Dec-92 HNTB /1/1 //J? Page 6 of 10 Table 8.6 Interim SR 125 Construction Cost Estimate Descri tion Ot. Unit Unit Cost Total III. A.C. Pavin sf $3.25 ; $1,374,172 sf $0.50, $0 Subtotal $1,374,172 If $11.00 $0 Subtotal $0 sf $15.00 I $0 Subtotal $0 I Is I $01 $54,000 , Is $200,000 I $0 Subtotal $0 VII. Miscellaneous Items: A. Metal Beam Guardrail 1,000 If $18.35 $18,350 B. Chain Link Fence 0 If $10.80 $0, C. Stri in 34,558 If $1.75 $60,4 77 D. Pavement Markers 1,016 ea $3.00 VIII. Temporary Construction: A. Construction Staking B. Construction Area Si os 1.54 1.54 17-Doo-92 mile mile $65,000 $6,000 $15.00 $100,100 If Sections I - VIII $3,513,052 $351,305 $526,958 , $4,391,315 $2,851,503 " $950,501 i Contingency (15%) To/al To/aI/Mile To/aI/Lane Mile HNTB )~Il ~/36 Page 7 of 10 17-Dec-92 HNTB Subtotal $37,696 i Page 8 of 10 Ji/) ~/31 Table 8.6 Interim SR 125 Construction Cost Estimate Qty. Unit Unit Cost Total VIII. Temporary Construction: A. Construction Stakin 0.64 mile If $65.000 $6,000 $15.00 $41,600 $3,840 $12,000 $57,440 $1,549,414 $154,941 $232,412 $1,936,767 $3,026,199 $756550 mile Total/Mile TotallLane Mile East Orange Avenne (From East DIF Bonndary to East Lake Pkwy.) I. Earthwork: A. Clearing & Grubbin 3.25 mile $30,000 i $97.500 B. Roadwa Excavation 750,000 c $2.00 $1,500,000 C. Excess Haul 265,000 cy $7.50 $1,987,500 D. Erosion Control 2.0 acres $2,050.00 $4,100 Subtotal B. Cross Draina e - RCP 750 If $140 $105,000 C. 01 If $825 $0 Subtotal $430,000 sf $3.25 $3,234,660 If Subtotal , $11.00 17-Dec-92 HNTB /i/J //1-/0 Page 9 of 10 C. Stri ing Pavement Markers Table 8,6 Interim SR 125 Construction Cost Estimate Qt, Unit Unit Cost Total Is $54,000 $0 Is $200,000 i $0 $0, I 0 If $18.35 , $0 0 If $10.80 $0 If $1.75 $135,135 ea $3.00 $8,580 mile $16,000 $52,000 Subtotal $195,715 mile $65,000 $211 ,250 I mile $6,000 $19,500 i If $15.00 $12,000 ! $242,750 ' $7,692,225 : I $769,223 ' $1,153,834 $9,615,281 Total/Mile $2,958,548 Total/Lane Mile $739 637 I I I Descri tion VI. Utilit Ad'ustments: A. A uaduct Encasement B. Water, Sewer, Power VII. Miscellaneous Items: A. Metal Beam Guardrail B. Chain Link Fence VIII. Tern orary Construction: A. Construction Stakin B. Construction Area Si os 17-Dec-92 HNTB / fA / / L// Pooe 10 of 10 Table 8.7 Interim SR 125 At-Grade Intersection Construction Cost Estimate Descri tion Unit Cost Unit Table 8.7 Descri tion Sr S4 & Sweetwater Rei. Removal of Existing Pavement Roadway Excavation A.C. Pavin ase PCC Curb & Gutter Interim SR 125 At-Grade Intersection Construction Cost Estimate Unit Unit Cost o 50 o 100 I sf $1.25 $10.00 $3.25 $11.00 $30,000 cy sf If Is ,,~~, <<s~~~~}t>'~~:@~HflifiiliB~:;'~'0~ Subtotal '::'::,""'H>; ..., .;>'~~$'~':::~' ,,::::,,~>;,~'~ ~s ::~ ~.r}~::: .. ::W:-:s::::i' :::~~t1~:htt.~:::':;: ~~ :i' N~':: ~~ .. ~ ,-:' ,::: ::S4::;r&':.{~~~~t~f~d~~~~~Y::f~~..f&~h'~,~~' ,c., Mobilization (10%) :;;.':,} , :::,-:::.'s...':.~:::::~';'~$::: .;..;.~.;::.....:. -:..' ';;" ,.\~. t.,,:*}~;t~~\n~~~tr}ft4\~,"~;::+.. ..~'~<.. C' (15%) :;-::W~";d.r:.{{t.~-:"\~'i,~f::::;:-t$::.-: -""::h< ~\ ,,,t' ontmgency /tt%tt@:~MstJHWdn~tt~~Ad:~tJ~~!:t1t~~~t1~~~~:{H~:ili~]id~:;::: Total Sweetwater Rd. & Bonita Rd. Removal of Existin Pavement 3,000 sf Roadway Excavation 250 cy A.C. PavingIBase 4,000 sf PeC Curb & Gutter 0 If Traffic Signal Modification I Is ~~~~::~::: $1.25 $10.00 $3.25 $1\.00 $30,000 Bonita Rd. & San Mi uel Removal of Existing Pavement Roadwa Excavation A.C. PavingIBase PCC Curb & Gutter 3,000 cy $1.25 250 c $10.00 4,000 sf $3.25 0 If $11.00 Is $30,000 Subtotal Mobilization (10%) Contingency (15%) Total 08-Mav-93 /1/1- /'-I:J- HNTB Total Total $0 $500 $0 $1.100 $30,000 $31,600 $3,160 $4,740 $39,500 $3.750 $2.500 $13,000 $0 $30,000 $49.250 $4,925 $7,388 $61,563 $3,750 $2,500 $13,000 $0 $30,000 $49.250 $4.925 $7,388 $61,563 Page I of2 Table 8.7 Interim SR 125 At-Grade Intersection Descri tion San Mi el Rd. & Proctor Valley Rd. Removal of Existing Pavement Roadwa Excavation A.C. Pavin ase PCC Curb & Gutter Unit Unit Cost 0 cy $1.25 50 cy $10.00 0 sf $3.25 0 If $11.00 Is $100.000 Subtotal Mobilization (10%) Contingency (15%) Total Proctor Valley Rd. & SR 125 Roadwa Excavation 500 A.C. PavingIBase 3,000 PCC Curb & Gutter 0 Traffic Signal I - c sf If Is Subtotal Mobilization (10%) Contingency (15%) Total SR 125 & East Lake Pkwy. Roadwa Excavation A.C. PavingIBase PCC Cnrb & Gutter Traffic Signal .....~:;;:; East Oran eAve. & East Lake Pkwy. Roadway Excavation A.C. PavingIBase PCC Curb & Gutter Traffic Signal 500 5,000 o 1 08-May-93 500 100 o $10.00 $3.25 $11.00 $100,000 c $10.00 sf $3.25 If $11.00 Is $100.000 cy sf If Is Subtotal Mobilization (10%) Contingency (15%) Total HNfB / r/-; $10.00 $3.25 $11.00 $100,000 /ij Total $0 $500 $0 $0 $100,000 $100,500 $10,050 $15,075 $125,625 $5,000 $9,750 $0 $100,000 $114,750 $11,475 $17,213 $143,438 $5,000 $325 $0 $100,000 $105,325 $10,533 $15,799 $131,656 $5,000 $16,250 $0 $100,000 $121,250 $12,125 $18,188 $151 63 Pa~e 2 of2 Section 9 REFERENCES Ii/?- /t!i IntPrim ~tl=ltP: Rontp: 1''\ . Rp:fprP.nl"pl>: References 1. California Transportation Ventures, Inc., "San Diego Expressway (State Route 125) State of California Toll Revenue Transportation Project" - Franchise Agreement, January 1991. 2. California Transportation Ventures, Inc., "San Diego Expressway (State Route 125) State of California Toll Revenue Transportation Project" - Technical Proposal, August 1990. 3. California Transportation Ventures, Inc., "San Diego Expressway: State Route 125 Project Description and Economic Analysis", February 1991. 4. Chula Vista, City of, "Eastern Area Development Impact Fee for Streets", November 19, 1990. 5. Chu1a Vista, City of, "General Plan", July 11, 1989. 6. Chu1a Vista, City of, "Growth Management Program", April 23, 1991. 7. Chu1a Vista, City of, "Threshold/Standards and Growth Management Oversight Commission", November 17, 1987; First Revision August 1989; Second Revision April- May 1991. 8. ERC Environmental and Energy Services Co., Inc., "Rancho San Miguel General Development Plan Draft Environmental Impact Report (EIR 90-02)", December 1991. 9. ERC Environmental and Energy Services Co., Inc., "Salt Creek Ranch Sectional Planning Area (SPA) Plan Draft Supplemental Environmental Impact Report (EIR 91-03)", December 1991. 10. Otay Ranch Project Team, The, "Development Around Lower Otay Lake Reservoir" Draft Copy, November 12, 1991. 11. Tierra Planning and Design, Inc., "San Miguel Ranch Draft General Development Plan", December 16, 1991. 12. Willdan Associates, "Eastern Chula Vista Transportation Phasing Plan", January 1991. 13. California Department of Transportation, Materials Laboratory - District 11, "Geotechnical Report for an Environmental Investigation, 11-SD-125, P.M. 0.0/11.2, State Route 905 to State Route 54, 11221 - 046140", October I, 1990, Revised October 22, 1990. 117 Iv!./! -/ L/~ COUNCIL AGENDA STATEMENT Item /1./ (J Meeting Date 7/27/93 ITEM TITLE: Report on Development Forecast and Development Monitoring Policies ,,-;',/ /,/ SUBMITTED BY: Director of Planning ;;;tt!- REVIEWED BY: City Manager~ ~~Y) (4/5ths Vote: Yes_No X ) In conjunction with the preparation of the Interim SR-125 Facility Feasibility Study, the Planning Department staff has worked with the Public Works Department and City Manager's office to review and update certain components of the City's Growth Management Program. This update has included the development of a revised forecasting methodology for mid-range (5 to 7 year) development forecasts, which are used in the annual evaluation of threshold compliance, as well as in the evaluation of cumulative impacts of proposed development projects, and the scheduling of public facilities which are needed to serve new development. In addition, staff has prepared proposed policies regarding development monitoring, which would improve the City's ability to oversee the status of development activity, and ensure that public facilities are constructed prior to need. The following report describes the revised forecasting methods, and includes recommended policies regarding development monitoring. RECOMMENDATION: It is recommended that the City Council receive this report, and direct staff to prepare a final Council policy regarding development monitoring procedures, for consideration in conjunction with final action on the Interim SR-125 Facility Feasibility Study and related items. BOARDS/COMMISSIONS RECOMMENDATION: Staff made a presentation on this item to the Planning Commission on February 17, 1993 in a workshop setting; no formal action was requested of the Commission. DISCUSSION: Mid-Range Develooment Forecast The Planning Department annually prepares a short-range (12 to 18 month) and mid-range (5-7 year) residential development forecast for Chula Vista, both of which are used in the preparation of the Growth Management Oversight Commission's annual report on compliance with the City's threshold standards. In conjunction with developing the mid-range forecast for the 1992 GMOC report, the Planning Department worked with SANDAG staff to develop a revised forecasting methodology, which is consistent with SANDAG's mid-range and long-range (year 2015) growth forecasts for the San Diego Region. This methodology produces both a "high end" and "low end" forecast, based on varying assumptions regarding the relationship between Chula Vista's /L/fj--J Page 2, Item J'I!J Meeting Date 7/27/93 rate of growth and that of the region. Further details regarding this methodology are contained on pages 3 through 5 of the attached report, entitled "City of Chula Vista Planning Department Annual Residential Development Forecast. " The results of the mid-range forecast indicate that Chula Vista will experience an average annual growth rate of 1,179 to 1,388 dwelling units per year over the next seven years. This forecast is consistent with the assumptions in the Interim SR-125 study, which assumed an average of 1,300 dwelling units per year over the study period. Proposed Development Monitoring Policies As noted above, the City already closely monitors development activity on an annual basis through its annual Growth Management Oversight Commission report. However, because of the long lead times needed for the planning and financing of major infrastructure such as the interim SR-125 facility, it will become increasingly important to evaluate the phasing of new development and the timing of major capital improvement projects to make sure that facilities will be available when needed. The City has already adopted policies pertaining to development phasing and monitoring as part of its Growth Management Program and implementing ordinance. The following policies regarding development phasing are contained in the City's Growth Management Program (ref. "Growth Management Program," pp.4-4 to 4-5): 1. Phasing of transportation facilities shall be the major determinant of overall public facility and development phasing; 2. Other public facilities shall be phased in concert with the phasing of new roadways; 3. Based on phasing of development which is consistent with an adopted Transportation Phasing Plan, and is also consistent with all other public facility phasing plans or development allocation plans, the City shall adopt a 5 to 7 year "development phasing forecast; " 4. The adopted "development phasing forecast" shall be used as baseline information in evaluation of new development proposals, to evaluate the cumulative impact on public facilities; 5. The adopted "development phasing forecast" shall be used in the preparation of the City's Capital Improvement Program, and shall be forwarded to outside agencies and districts for facility planning purposes. Jl/8"~ Page 3, Item 1'18 Meeting Date 7/27/93 In consideration of the existing growth management policies cited above, staff has concluded that, in conjunction with action on an Interim SR-125 Financing Plan, it would be useful to establish additional policies and procedures dealing with the monitoring of new development. The purpose for adding these policies is to further define how the City will evaluate the status of development approvals in forecasting the timing and phasing of new development, and how this information should be used in updating public facility plans. The proposed "development monitoring policies" are as follows: 1) In addition to the annual mid-range forecast, the Planning Department shall also prepare and maintain a map and data base identifying all residential and non-residential projects for which final maps have been recorded, as well as projects with approved development agreements, and projects for which assessment district financing for major public facilities has been established. 2) Future updates of the Eastern Chula Vista Transportation Phasing Plan shall take into consideration all projects meeting the criteria listed in Policy #1 above, and will identify all Circulation Element roadway improvements needed to support this level of development, along with financing requirements. 3) As future requests for final map recordation, development agreements, or assessment district financing are received, they will be evaluated to determine what additional roadway improvement needs they will generate, in relation to the current Transportation Phasing Plan, and the developer will be required to demonstrate that such additional improvements can be financed and constructed prior to their need. 4) Similar development monitoring and evaluation will occur for other public facilities and growth management factors (such as water conservation and air quality improvement) covered in the City's Growth Management Program to ensure that all other public facility and growth management considerations are taken into account. The policies outlined above are consistent with the City's adopted Growth Management Program, and are in addition to monitoring and evaluation requirements that are already in effect. These additional measures are intended to ensure that the City, other service providers (e.g., school districts and water districts) and developers become aware at the earliest possible time of any potential facility needs that will be required in order to maintain adopted threshold standards. We would periodically evaluate the effectiveness of this approach, and if necessary, suggest other monitoring or development phasing controls as warranted. FISCAL IMPACT: Additional staff time would be required to implement monitoring activities described above. However, costs of these activities are covered through the City's development impact fee programs. ([5Idpfp.,!!) JI/O"J I/tfb/jo 2) 3) 4) 5) ATTACHMENT C TO 1992 GMOC ANNUAL REPORT CXTY OF CHOLA VXSTA PLAHNXNG DEPARTKENT ANNUAL RESIDENTIAL DEVELOPMENT FORECAST JANUARY 111113 Proaram Overview 1n accordance with the City'S Growth Management Program the Planning Department is pleased to release the annual 12- to 18-month and 5- to 7-year residential development forecasts and accompanying project location map. Together, this information addresses those projects likely to reach the construction and/or completion phase within the respective forecast time frames beginning July 1992. The information, as in the past, is separated according to the two water districts, Sweetwater Authority and Otay Municipal, for the purpose of comparison to Otay's Water Allocation Program. This forecast is intended to assist the City and other key agencies, such as school and water districts, in formulating and coordinating short- and long-range capital improvement and facility financing plans. An evaluation by these agencies as to their ability to accommodate the forecasted growth will be forwarded to the Growth Management Oversight Commission (GMOC) for their use in determining compliance with each of the City'S adopted threshold standards (i.e.,traffic, sewer, schools, etc.). . I. The City is now in its fourth year of preparing its residential development forecasts and is pleased to report on a revised mid- range (5-7 year) forecasting methodology endorsed by SANDAG staff and consistent with the draft Series 8 regional forecast model. The revised forecast was developed jointly by staff from the Planning Department and SANDAG. Ultimately the Department's goal is to develop a forecasting model which the city can use on an ongoing basis. While the application and results of this forecast will be described in greater detail later in the report, it should be noted that the revised approach also incorporates a "high-low" forecast range similar to that used in the. 12-18 month forecast. 12- to IS-Month Forecast In order to provide the most accurate forecast reasonably possible, staff conducted a five-part research process which included: 1) the preparation and analysis of a current project status sheet showing where different proposals are in the development approval process; a survey of individual developer's expected construction schedules; a comparative analysis of the Otay Water District Allocation Program, as it currently applies to the eastern territories; a crOSS-Checking of the above information as to the logical t;ming of development; and a ~eview of past forecast performance, economic ~rends and historic development activity. 1l/[J-7 \ . C.V. Forecast -2-. January 19, 1993 In response to the ongoing recession and current economic climate, two sets of forec~st figures consisting of a range with a high end and low end are included in this forecast. The hig~ end forecast, as mentioned earlier and indicated in Figures lA and lB, reflects each developer's anticipated construction schedules and includes a slight downward adjustment in order to maintain consistency with the mid-range forecast. As the data shows, 1.264 dwelling units are expected to be permitted for construction and 1.629 dwelling units are expected to reach occupancy over the next 18 months. The low end forecast is based on an 24-month trend analysis of prior construction activity (calendar years 1991 and 1992). This time frame was chosen as it best represents an issuance/occupancy estimate utilizing full, past and present calendar year permit cycles. As such, the low end forecast. projects 1.000 permit issuances and 1. 050 housing finals over the same period. No project specific forecast tables were prepared for the low end estimate. Taken together, the forecast range reflects the uncertainty in the timing of development and in the amount of construction activity that may take place. The Planning Department recommends that threshold compliance evaluations be conducted against the high end forecast figures, as they represent a maximum projected impact to public facilities. However, recognition should also be given to the low end range of the forecast, as actual construction activity during the first six months of this forecast reflects construction activity levels lower than normal. It should be noted that local economists are predicting a modest increase in housing unit authorizations on a Countywide basis during 1993, as compared to 1992 levels. Therefore, the final result for Chula Vista will most likely fall somewhat above the low end range, if these forecasts are accurate. Application of the project status sheet (see Figures 2A and 2B) is based on the assumption that a project shown in the development pipeline will reach construction and/or completion within the 12-18 month time frame. Under normal city processing time frames, those projects with units that have not progressed to the Tentative Map level of approval are not expected to reach the construction phase during the 18-month forecast time frame. As such, they are listed as informational data only and are more fully considered in the City's mid-range 5-7 year forecast. Included with the 12- to 18-month residential forecast is a current listing of commercial and industr.ial projects and their status relative to the development approval process (see Figure 3). A 12- month analysis of non-residential construction activity indicates that approximately 433,000 square feet of commercial, industrial and office construction occurred during the period July 1991 19/),8' . . C.V. Forecast -3- January 19, 1993 through June 1992. For FY 1990-91, this figure was approximately 377,000 square feet. For informational purposes, a City bf Chula Vista historic housing and population chart has been included (see Figure 4). 1991-1992 Forecast Comnarison As a means of illustrating external, influences on forecast accuracy, including construction lending, housing demand and the continuing effects of a prolonged recession, the following provides an overview and analysis of actual residential construction activity relative to the first twelve months of the previously submitted forecast. 12 MONTH FORECAST COMPARISON JULY 1991 to JUNE 1992 (dwelling units) . \ Otay Sweetwater City Total Issue Final Issue Final Issue Final Forecast 1106 1035 227 226 1333 1261 Total Activity 589 536 137 74 726 610 Difference 517 499 90 152 607 651 , Difference 46 48 40 67 45 51 As the table above shows, actual permit issuances and occupancy levels were about half of what the high end forecast projected for this period. An analysis of the drought and the limiting of building permits as a result of the otay Water District Allocation Program does not appear to have been a factor in the amount of development that actually took place, as each developer participating in the program received 100\ of his requested allocation during this period. Mid-Ranae 5- to 7-Year DeveloDment Forecast As mentioned earlier, a new mid-range forecasting methodology, consistent with the SANDAG draft Series 8 'forecast model, has been developed for use in this forecast. The decision to modify the City's mid-range forecast methodology is due to the City's desire to further improve its forecasting methodology consistent with the regional and subregional models, and to allow for easier and more consistent updates of these forecasts. In doing so, the same assumptions utilized in the Series 8 forecast for projecting future growth, and development in the region are applied locally to the City's forecast. These assumptions include, but are not limited to, population trends, economic trends, and infrastructure needs. , )J/O-9 C.V. Forecast -4- January 19, 1993 Related to infrastructure needs, the regional model also considers the development potential of all lands with remaining development capacity. Because of this, local planning efforts, such as those related to public facility planning, will benefit from this forecast being linked to the regional forecast, as it provides the City the ability to consider the impact of all projects within and adjacent to its current planning area. As such, the mid-range forecast may be used to demonstrate compliance with the SR-125 facility phasing and financing plan. Therefore, the results of this revised approach will more accurately enable the City to anticipate public facility needs so that the preplanning necessary for such development can be arranged by the development community in concert with the policies of the City and other affected government agencies. Two sets of forecast figures consisting of a range with a high end and a low end are included in this forecast. Both forecasts are based on the same assumption that a city generated "capture rate" can be effectively used to predict the amount of future growth when applied to SANDAG's annualized Series 8 forecast. The term "capture rate" is best defined as a jurisdiction's annual building activity represented as a percentage of the region's total building acti vi ty in the same year. When averaged over a number of years in which both high and low growth cycles have occurred, a City's long- term or historical capture rate may be used as a general indicator to test the reasonableness of the rate selected. In conducting a 12-year, regional share analysis of actual construction activity (1980-1992), the Planning Department was able to determine its current and historical capture rates. The results of this analysis, as indicated in Figure 5, show the City's 1992 year-end capture rate at 5.31 percent of the region'S total and its historic rate to be 5.39 percent. As a result of this analysis and discussions with SANDAG staff, it was determined that the low end range of the forecast should be based on an annual rate of growth equal to its historic capture rate (5.39') when averaged over the forecast time frame (1992- 2000), beginning with its 1992 rate. Recognizing that additional development capacity may become available by 1995 due to the probable annexation of otay Ranch, the Planning Department and SANDAG developed a second forecast (the high end forecast) which considered Chula Vista's Series 8 sphere capacity relative to the region's capacity in 2015. In assuming that the total buildout capacity of the western parcel would be available by 2015, and adding this capacity to the City's sphere capacity, staff was able to determine the annual percent increase in the 'City's capture rate (+0.05') to be applied to the low end forecast's rate of projected growth commencing in 1995. . \ I'll!> .../ () .' C.V. Forecast -5- January 19, 1993 As shown on Fiqure 5, a long-term growth rate ranging from approximately 1.17.9 to 1.388 dwelling units per year may be expected to reach occupancy over the forecast's 7-year time frame. It should be noted, however, that this projection is a city-wide projection and approximately 10-15 percent of this total is attributable to growth and in-fill occurring in the Sweetwater District. Given this range, the Planning Department recommends that long- range public facility needs assessments'be conducted against the high end range of this forecast. (dI..'_92,rpl) -- 1'1(3'/1 GROWTH MANAGEMENT THRESHOLDS 12-18 MONTH DEVELOPMENT FORECAST '.PROJECT LOCATION MAP 1'.. : ~ 1,.Lr o .. '. r..-.. I ! --~._, "- ~ ": " ~~:, ( DIego, , . \,~ .. '<...,., t , . .... t , ...... MAJOR oeveLO"MENT "ROJECTS . ...,., LO" CAli"" . ...,.... 'I!"'" .W' a '."u.' , __U/lMOM" . "'In..., . -n.t ..n.... . .", P.LO.... .ITA fll , ....CNO Dill MY I"" I . "AIfCNO Del." IPI . . IUT eM.. I t IAL T c.". ..... I ......0. . . Tt:U..APM CAIitYOII L WOODe"llT IOUfMWlITI... . WOOocR'1T n""l IIOW, I.-ooa, - .-? , I.. WAntI ..fillet ~ 0",O"CTlI"ItOIIIIINltT L.'" -"'"- ern' cw ctIUI.A .... "-.... ."'.-AOYAtlCI! tH'I. t'-tl-H c..... ....... "- ~ , ~ o' , CNUlA 'ISTA . OTAT OISTRICT 12.18 MONT" HOUSING UNIT FORECAST JUlY 1992 . DECEM8ER 1993 1..........................,........................===.===)....===.==...======.======.=..=1...=...........................,.........-----..-1 I I JUlY - DECEMIIER 1992 JANUART . JUNE 1993 JUlT . OECEM8ER 1993 118 _T" FORECAST I MAP I I 'SSUE FINAL ISSUE FINAL ISSUE FINAL I TOTAL TOTAL 1 10 I PROJECT I"F 1 SF I "F I SF "F I SF 1 "F I SF "F 1 SF 1 "F I SF 1 ISSUED I FINALEDI ... ..........................1....... .......1....=== .-.=... .======1....==. ...===: .....ss a...... ....... ....... ....... ........ ........1 A _ITA LONG CANTON I I 4 4 7 0 15 I I IRE"" TERRA ROYA I 24 11 6 40 25 22 40 30 15 105 9111 C EASTLAKE I "HlllS/SHllIIES" - I 2 6 0 I I 0 EASTlAKE II "GREENS" n 291 67 60 33 50 30 92 33 50 57 13 221 307 I E EAST PAlONAR ESTATES I 7 7 6 6 13 131 . R.O.R. SPA I 24 I 76 71 40 62 60 105 40 70 60 90 236 4621 G R.O.R. SPA II I 50 50 o I " SALT CREEK I 29 14 I 20 22 125 65 55 50 lIS 0 lID 361 227 I I SALT CREEK RANeR I 110 65 110 65 I J ...., II I' 0 o I K TElEGRAPH CANTON . I 60 31 60 31 I l IlOIIICREST SOUTIlllESnRR 1 24 I' 0 301 II IlOIIICREST TERRA ROYR I 18 " 0 18 1 IlISC. OTIlER . I I' I 10 0 2' I ...I...............-----------I~I.......,.......I.......I......=I.......,.......,.......I.......,.......,.......,.......,.-------I~..I TOTRlS I 86 I IIlI I 163 I 205 I 230 I 184 I 178 I 310 I 228 I 146 I m I 303 I 1170' 1386 I NOTE: DUE TO RECENT CRAIlGES II PROJECT OUIlEIS"IP, ...., II IS NOT EIlPECTED TO "RYE PEIlIlIT RCTlVITY VITH'" .1 THE 12-18 1lOIT" FllllECAST TIRE FIME. OFllll7_92.UR1 FIGURE 1 A ,-.. '- ~ , '- ~ . . , CMUlA VISTA - SUEE~TER DISTRICT 12-18 _TN IKlJSING UIIIT FORECAST JUly 1992 - DECEMBER 1993 ,..........................,............................===,.=.===....===......=====....==.,..=.=..==......................,................., ! I I ! MAP! ID I JUly - DECEMBER 1992 ISSUE FINAL NF I SF I MF I SF JANUARY - JUlIE 1993 ISSUE FINAL MFlsF NFl SF JUlY - DECEMBER 1993 ISSUE FINAL MFISFIMFISF 118 _TN FORECAST I I TOTAL TOTAL I I ISSUED I FIRAlEDI PROJECT ... .......................... ....... ....... ....... ....:.. a====e= ....... .....:= ....... ....... ....... ....... ....... ........ ........ 1 182 FoutTI AVE_ lD 10 10 10 2 MOORVIEV ESTATES 14 14 0 3 LAS IRISAS DEL MAR 0 0 4 SUII-UP VISTA D 0 5 628-311 TlllO AVE. 75 0 75 6 271 OJ(FORO ST. 9 0 9 7 88 FoutTI AVE. 0 0 8 588 "I." ST. 24 12 24 12 9 PARK IIOIIITA 10 9 0 19 10 1246-56 TNIIO AVE. 28 . 0 28 11 621-23 "D" ST. 8 0 8 12 256 PALM AVE. 14 14 14 14 13 21 FoutTI AVE. 8 8 8 8 14 EVERGREEN GARDENS 20 5 0 25 NISC. OTIER 6 2 6 7 8 5 5 3 7 10 24 35 ...,................~._--~--~-t.......,.......I.......I.......,...~..,.......1.......,.......,.......,.......,.......,.......,........,--------1 TOTALS I 10 I 14 I 106 I 16! 7 I 22 I 56 I 14 I 24 , 17 I 19 I 32 I 94 I 243 I DFOR7_92.1II1 FIGURE 1 B ...... . . PROJECT STATUS - JUlT 31, 1992 OTAT WATER DISTRICT 1............~.............I.............,..........,..ta=.=...=...,.............=111............1...........1............,............,..........,..........,...-------1 I ' I PROJECT I UIlDEN' UIIITS , REMAINING III GENERAL 'SECTIONAL' TENTATIVE FIlIAL I DESIGII I PUN 1 P(1IJ11lG 1 I I TOTAL I CONST., COMPLETED 'TO BE ISSUED III OEY. PLAN I PLAN AREA 1 MAP MAP I REVIEW I CMECIC 'P(RMITS , , PROJECT I IIF SF I IIF SF I IIF SF 1 IIF SF III IIF SF' IIF SF '"F SF IIF SF I IIF SF 1 IIF SF' IIF SF I ,..........................,............. .......... ...........:.. ...........=..11 =........... ........... ............ ............ ..........1.......... ..~....I I BONITA lONG CMITllII I 0 863 28 0 835 0 0 II I I BREHM TER1lA IIIYA I 230 123 42 0 80 230 1 I 216 I 14 11 EAS .UKE I "WlllS/SNORES" 766 1057 25 766 1031 0 1 I 1 I EASTUKE II 'TIIE GlEEIlS" 1497 1277 83 149 55 131 1359 997 625 670 640 153 124 I 10 1 B4 49 I EASTUKE II 'TUILS' 467 793 0 0 467 793 467 793 I I EASTUKE III_SO 0 675 0 0 0 675 675 I I EASTlAKE III "VISTAS' 7B4 30B 0 0 7B4 30B 7B4 30B I I EAST PAl~1 ESTATES 0 13 0 0 0 13 13 1 1 IAIIClIO DEL lET SPA I 970 1133 157 150 580 397 233 586 180 53 27'9 2801 22 5 1 UNeIlO DEL lET SPA II 0 567 0 0 0 567 567 I I IAIICHO DEL lET SPA III 746 634 0 0 746 634 746 634 I I "- SAN lllWEl IANCN 0 1619 0 0 0 1619 1619 1 I ~ SALT ClEEK I 357 .166 8 26 0 25 349 115 141 183 115 I '25 1 SAll ClEEK IAHCII 509 2100 0 0 509 2100 509 2100 1 I -II 818 1128 0 0 818 1128 818 1128 I I \ TELEGlAPI CAHTOH 0 345 0 o I 0 345 I 345.1 I I ~ IIOOOCIEST sanlM:STEIH O. 54 3B 0 16 , 0 0 III 1 I 1 ~I.::::::::::.:::::.::::.....I..--~----.~.I.......::.I...~......~.:.....:......:.:::............,...........,............:..-----..---:.--------.:..........:..-----...: 10TAl NlllNG WITS 1 "44 12940 I 248 507 1 1401 2551 I 5495 9BB2 III 1251 3395 , 0 o I 3019 4877 1 1092 1127 , o 404 I 24 23 I 109 561 IIOTtS: SAN llIWEl.UJlCtl GDP lUlIEIlTlT _ PlAHHIHG IEVIEII TElEGlAPI CAHTOH TSIIIEC'O Pl_ING CONIIISSIOH APPROVAL FOI 345 OUt 12-16'92 SALT ClEEK UJlCtl TSII IlEC'O CDUHCll APPROVA~ FOR 2609 DUs 10-6-92 OTAT IANCI HOT LISTED - APPlICATlOI UllDEI SEPARATE IEVIEII FIGURE 2 A PllOJECT STATUS - JUt, 31. 1992 SWEETWATER DISTRICT I...........~............,.....--------I..........,..............I..=...........,1,............,...........,............,............, , PllOJECT UNDER I UIlITS I REMAINING III TENTAT! VE I FINAL DESIGN I PlAN TOTAL CONST. I CllMPLETED I TO BE ISSUEO III MAP I MAP REVIEW I CHEClC PROJECT MF SF MF SF I MF SF I MF SF III MF SF I MF SF MF SF I MF SF I.......................... ............. ..........,.............. a_a=.a.===s==: 1,......=====. .==.=.===..)...=........1............ 1112 FOURTH AVE. 10 0 0 o I 0 0 10 0 II I 10 MOORVIEW ESTATES 0 14 0 o I 0 0 0 14 II 14 I LAS 8R I SAS DEL lIAR 0 28 0 o I 0 0 0 28 II 28 I SUIl-UP VISTA 0 8 0 0 0 0 0 8 II 8 . I 628-38 TNIRD AV. 75 0 75 0 0 0 0 0 II . I 211-77 OIlFORD ST. 9 0 9 0 0 0 0 0 II I 88 FOURTN AVE. 14 0 0 0 0 0 14 0 II 14 , 588 "l" ST. 48 0 0 0 0 0 48 0 II - I 48 PARK IORITA 0 19 0 19 0 0 0 0 II I 1246-56 TNIRD AVE. 28 0 28 0 0 0 0 0 II I 621'23 00" ST. 8 0 8 0 0 0 0 0 II I 256 PALM AV. 14 0 0 0 0 0 14 0 II 14 I 21 FOURTN AV. 8 0 0 0 0 0 8 0 III 8 I EVERGREEN GARDERS 45 0 25 0 20 0 0 0 III I MISC. OTNER 32 61 25 34 0 0 1 33 III 16 I 1 11 ,................--------..,....---------1..........,..............,..............11,............,...........'............1....____-4__.., TOTAL DUELLING UNITS I 291 136 I 110 53 I 20 o I 101 83 III 0 50 I 0 o I 22 301 65 11 I 1lOT!: "llISC. OTHER" I_S TROSE PllOJECTS UHICR IIlDIVIDUALLT IIMllVE LESS TRAN 1 UNITS. '- ~ . '- ~ ~.. . FIGURE 2 B . '. ( .. JllLY 1992 CllIIIERCIAL/IIIDUSYRlAL PROJECT STATUS LISTING (_E FOOTAGE) --I- I OFFICE I I I I I I I .....--..........--.............---.------------..-------------------_._---_._._------..._._--------------...- I "I I I I I I I I ---.1.....--...1.--......-- --1---- STATUS I REF. NO. I PROJECT NAME I ADDRESS .......1 --..1.....--- --- -I- I DRC-89-48 I CHEVRCIt STAIIIINI IlART I 95 IOIIITA 10. I ORC-9O-15 I Jr ENTERPRIZES INC. I 865 AMEMA CT. UllDER I ORC-92-06 I _MY IMPORT ICDY PARa I 3740 IlAIN IT_ COIIST.I ORC-92-16 I GRATlANNE MEDICAL OFFICE I J6D "H" ST. I ORC-92-24 I IAYON & THEATER I 555 1Z050 IROADWAY I ORC-9Z-49 I GES WAREHOUSE I 491 "C" ST. I ORC-91-Z4 I IIR INDUSTRIAL ILDG. I ORC-91-68 I LA lIAR INDUSTRIAL ILDG. I ORC-91-72 I MEDICAL OFFICE PLAN I ORC-92-03 IIlANSOURS IlARrET CHEcr I ORC-92-08 I STRUCTURE FORM I DRC-92-12 I WINLAND CAR PLAZA I DRC-92'18 I ROLLERSrATE LAND I TC/DR-I34 I ""I MEDICAL OFFICE I I CAL STORES I Je55 IlAIN IT. I 3730 MAIN IT. I 374 "H" ST. I 1098 IROADWAY I 1879-81 NIRVANA AVE. I 770 PLAZA CT. I 630 "L" ST. I 256 LANDIS AV. I 972 IROADWA Y --....----------...1..........1 I RETAil I 1-- -I- I 8174 I I I I I 1Ja1 I I I 12634 I 14560 I 1 I 3220 I 299Z I I 1 I I 13776 I I I I I 6DOD I I 75Z5 I 24291 I I I IND I I I 17000 I 110DD I I I 9272D I 11856 I 13770 I I I 30363 I I I I 20991 I TOTAL I --I 8174 I 17000 I lt1000 I lJa1 I 12634 I 107210 I 11856 I 16990 I 2992 I 6000 I 30363 I 75Z5 I 24Z91 I 13776 I 20991 I ------------------..--------....----------------.-----.--------------..---------------..----------..---------- I ORC-9' -01 INDUSTRIAL ENVIRONMENT I 870 CANARIO CT. ~ I 12070 lZD70 I ORC-9'-46 RID SWTR. PLAZA CAR WASHI 13ZD 30TH ST. 12618 I IZ618 I ORC-91 -56 OTAY RIO ALMAGAMETED I I 87D.76 OTAT RIO RD. 3528D 35280 I DRC-91-57 OTAY RIO ALMAGAMETED II I 853-65 OTAY RID RD. 61860 61860 I ORC-91-58 OTAY RID ALMAGAMETED III1 846.6D OTAY RIO RD. 303DO 3D30D I ORC-91-74 SWATH OCEAN, INC. I NEC "G" & TIDELANDS JeDDO 38000 I ORC-9' -82 CUSHMAN PROPERTY I 517 SHINOHARA LN. 110000 IIODOO I DRC.9'-1] CHUlA VISTA IND. PARr lION. 5TH AVE. 152064 152064 I ORC-92'19 EAST LAKE VILLAGE I OLR & EASTLArE VLLG. 155582 155582 DRC-92'22 ARCO AM/PM GAS STATION I 660-66 "L" ST. 2915 2915 DRC-92-30 SECURITY 1ST COMM. STRGE 1274 FOURTH AVE. 25200 25200 OESIGN DRC-92-33 PADILLA INDUSTRIAL CNTR 3733 IlAIN ST. 26DOO 26000 REVIEW ORC-92-42 IONITA RETAIL 3001 IONITA RD. 10DI4 10014 ORC-92-48 rAISER PERMANENTE 2301 FENTON ST. 1350DOO 1350000 ORC.92.51 MARQUEZ INOUSTRIAL 3517 MAIN IT. 106000 106000 ORC-92'52 V.J'S ASSOCIATES, INC 293 NAPLES ST. 1600 1600 ORC-92-57 FAIVRE ST. PARTNERSHIP 2605 FAIVRE ST. 7530 753D ORC-92-59 OISCOUNT ORNMENTAL IRON 873 DOROTHY ST. 3245 5245 ORC-92-6O WEST AUTO WRECKERS 2365 IlAIN ST. lU50 1125D ORC-93-05 1ST UNITED METH. CHURCH E."H" ST./PASEO IANCHI 25780 25710 oRC-9]-13 SOUTHWOOD PSYCHIATRIC 950 THIRD AVE. I 2490 2490 ORC-9]-16 NESTLER CONST. INC. 282 LANOIS AVE. I 2975 2975 ORC-93-17 SOUTHSAY GOLF CENTER 10 N. FIFTH AVE. I 2124 2824 I ORC-9]-I8 RDR PRI CE CLUB E."H" ST & TIERRA DELI 136100 136100 I RDR HOllE OEPOT E."H" ST & TIERRA OELI 125210 '25210 I RDR r-MART E."H" ST & TIERRA OELI 127000 I 127000 I WINOMILL FARMS 435 THIRD AVE. I 11990 I 11990 I SCRIPPS HOSPITAL FIFTH AVE.I"H" ST. I 120000 1OS000 I 225000 .........--..---...-----.-----.-------------.----------------------------------.------------------------..--.- , SUBTOTAL UNDER CONSTRUCTION 15948 I 90808 I 12mo I 234476 SUBTOTAL PLAN CHEcr I 19988 I 37816 I 76980 I 134714 SUBTOTAL DESIGN IEVIEW I 1514835 I 830167 I 4667351 2811737 TOTAL SQUARE FOOTAGE I 1550771 I 958791 I 671435 I 31100I'7 1'18-1'/ FIGURE 3 I BISTORXC BOUSING AND POPULATION GROWTB CITY OP CBULA VISTA .'. .. ...... ... '0, , __, "",. ,-,.. .... -'-," Units .. '. ... _,_.. n'", ...;.:.;.-.--.-.'.-.-.,-'....'........-.-..-...,'..','. .. .....,.'" _....__._,..,.'_. ..... __,n,. .,,--..-.....-. '. ...,............,-.. '.-c....,_..,...;,-..;..,.,:.,.-.,.,...:...._...:..::._,.;,-';-:_',' ....... Authorized for ........... ,-,.,'," -,. Ce:rtif:i.ed~e~f . .::.-..-.,.......'....... ... -.... .. ..,. .... Construction Units ,Completed .. End Population < Year . (Permitted) (Finaled)i (state D.O.F.) 1980 407 374 84 , 364 1981 195 496 86 ,597 1982 232 129 88 , 023 1983 479 279 89, 370 1984 1, 200 521 91, 166 1985 (1) 1 , 048 1, 552 116, 325 1986 2 , 076 1, 120 120, 285 1987 1 , 168 2 , 490 124 , 253 1988 1 ,413 829 128 , 028 1989 1 , 680 1, 321 134 , 337 1990 664 1, 552 138 ,747 1991 747 716 141,778 1992 519 689 143 , 682 (2) . \ (1) Montgomery Annexation (2) Planning Department Estimate , /J/{3,-/r- FIGURE 4 .. . . CITT OF CMUlA YISTA . JA.uaRT 1993 MID'RAlGE 5.7 TEAR RESIDEITIAl DEVElOPMEIT FORECAST , CWUlA YISTA & REGIOW REVISED, SAIDAG I lOll-EID FORECAST I IIGI'_ FORECAST I IISTORICAl SERIES YIII FORECAST ......................1................................... IIlJUSIWG UIlIT FIGURES IIlJUSIIG UIlIT FIGUIlES I tv SPWERE tAPACln AS (TOTAL I (TOTAL I 5.3ft I I OF REGIOW'S CAPAtln ................................-...--...----...--. -..-------...-..------ AVERAGE I 1995.2015 . SERIES 8 JAI. I REYlSElI _l REYISElI AlIIlUAl tvASAXOF A__l REGIOW lDUs I lIUs I I lIUs lDUs TEAM C.Y. I IIC. REGIOW I IIC. TRE REG lOW REGIOW X IIC. 92.2lIlIlI C.Y. TEAR I REGIOW I C.Y. TEAM ........-......... --.............. -.-..---.....-..---- ....--......---... --------.-----..---- ............ 1980 D.O.F. 40115 · .. 711'106 5.5ft 19111 40'67 · 0._ 731734 1.m 5.53X 19112 4_ · 1.28X 744071 1.69Il 5.5" 1983 .412l1l1 · D.55X 752265 1.1OX 5.4ft 19114 41602 · 0.9611 764122 1.5ft 5.44X 19115 42231 · 1.5" 78n10 3.0Zll 5.36X "- 19116 43951 4.07X 821228 4.3Zll 5.35X ~ 19117 45101 2.62X 857093 4.37X 5.26'1 19l1ll 47696 5.75X 894M 4.35X 5.33X .. 19119 48691 2.09X 921m 3.06X 5.28X \ 1990 tEIlSUS 491149 2.38X "6240 2.65X 5.27X 952755 " "" 509211 2.16X. 958859 1.33X 5.31X _n 1.69Il 19'12 515911 1.32X 971345 1.3OX 5.3" 9759115 O.73X 5.3" 515911 9759115 5.3" 51598 'A 1993 52287 1.34X 9110110 0.4Zll 5.33X 52287 689 9110110 5.m 52287 6lI9 1994 994411 1.46X 5.35X 53201 914 """ 5.35X 532lIl "4 1995 1009II10 1.55X 5.37X 54227 1026 1009II10 5.37X 54227 1026 1996 10301196 2.0" 5.3ft 55522 1295 1030096 5.4Zll 55831 1604 1"7 1052237 2.15X 5.41X 369Z6 1404 1052237 5.47X 57558 1726 19911 10745117 2.1Zll 5.43X 58350 1424 1074587 5.5Zll 59317 1760 I'" 1095973 T.99X 5.45X 59731 1380 1095973 5.57X 61046 1728 2lIOO 1115678 1.8OX 5.47X 61028 1297 1115678 5.62X 6Z71I1 1655 - _. - -- - -..... ..- -. -- -. -- -- - --- 957 Ava DU/TII 5.3ft Ava 1179 Ava DU/TII 131111 Ava DUIT . Fop 1980.85, Chut. VI.tw'. .....1... eount h.. _ IIdJuoted to _....., fOf' 19116 Ilont_ry ......tton .., 1Idlfl... 1980 ___ eount fOf' entta PorIc/Ot-r pluo .......1 ..._h f..... 'lIO.85. .. "'''' & 1011 f_..t. fOf' C.Y. utfl hed '92 & '9] K,..I houo'... e....... In pi... of tM e-,ed 50.1" 8 f_.., ff........ A:\FORE7,"1 01113193 FIGURE 5 \ \ ...... ~J~13 CITY OF CHULA VISTA CALIFORNIA EASTERN AREA DEVELOPMENT IMPACT FEES FOR STREETS 1993 REVISION CITY COUNCIL Tim Nader Mayor Robert P. Fox Shirley Horton Leonard M. Moore Jerry R. Rindone ~ CITY STAFF John D. Goss John P. Lippitt Clifford Swanson City Manager Director of Public Works Deputy Public Works Director/ City Engineer July 13, 1993 /~!J-d./ TABLE OF CONTENTS Section Title Pal!:e 1 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Revised Development Forecast ............................ 2 3 Revised Project Cost Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Development Impact Fee Methodology ...................... 16 5 Advance Construction of Development Impact Fee Projects . . . . . . . . . . 20 6 Project Descriptions and Cost Estimates ..................... 22 LIST OF TABLES 1 Revised DIF Benefit Area Land Use. . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commercial Land - 40/25 EDU's per Acre Breakdown ............. 7 3 Capital Improvement Project Cost Estimates . . . . . . . . . . . . . . . . . . . 10 4 Completed DIF Projects ............................... 13 5 Credits Summary ................................... 14 6 Development Impact Fee Calculation ....................... 19 LIST OF MAPS 1 Benefit Land Areas ................................... 8 2 Street Project Locations ............................... 15 APPENDIX 1 Ordinance No's. 2251, 2289, 2349, and 2431 WT:SB/BUXTON/I'RANSDIF.NAR 071393 148/d.-:J- SECTION 1 BACKGROUND This report represents the 1993 review of the Development Impact Fee for Streets program, and where appropriate, makes adjustments to the development impact fee based upon completed street construction, revised development projections and revised project cost estimates. In February 1986, the Chula Vista City Council adopted a schedule of development impact fees (DIF) for the Eastlake I Development. These fees were to ensure that Eastlake paid its fair share of the cost of specific street improvements including a four lane interim facility in the State Route 125 (SR-125) corridor. Also included in the development impact fee was the cost of constructing a fire station and a co=unity park in Eastlake 1. City staff reco=ended to the Council that a development impact fee ordinance be prepared to provide for the financing of transportation improvements by all the developments that would benefit from the improvements. In January 1987, the Council authorized the preparation of a development impact fee program for the financing of street improvements in the area east of Interstate 805. In December 1987, a report entitled the Interim Eastern Area Development Impact Fees for Streets was completed. The "area of benefit" included all the undeveloped lands that benefitted from the proposed transportation improvements, within the City of Chula Vista and County of San Diego, east of Interstate 805. Because the Eastern Territories General Plan Update was in progress, the Council adopted an Interim Eastern Area development Impact Fee (DIF) in January 1988 by Ordinance Number 2251. The fee was set at $2,101 per equivalent dwelling unit (EDU). The Eastern Territories General Plan Amendment was later completed and adopted. On August 8, 1991, the City Council authorized the preparation of the "Interim SR-125 Facility Feasibility Study." The purpose of this study was to identify an interim SR-125 facility that will meet the transportation needs of the region until a permanent facility (freeway) could be constructed. The report recommends the establishment of a new fee (separate from the existing Transportation DIF) to specifically finance the construction of the interim SR-125 and related facilities. Consequently, Projects 1 and 2 (Table 2), dealing with the SR-125 construction, have been excluded from the Eastern Area Transportation DIF program and are now included in the new SR-125 DIF program. Additionally, Projects 13, 24, and 37 are also included in the reco=ended Interim SR-125 Facility. These projects are to be jointly financed by the Eastern Area Transportation DIF and the SR-125 DIF. Since its inception, the Transportation DIF has been updated twice, as follows: Date December 12, 1989 December 11, 1990 Ordinance Number 2349 2431 Fee $2,850/EDU $3,060/EDU This report recommends to change the fee to $3,402/EDU. J'If3 ,)J LDT:SB/BUXTON/TRANSDIF.NAR -1- 071393 SECTION 2 REVISED DEVELOPMENT FORECAST One of the primary assumptions in the formulation of a development impact fee is that the need for additional public facilities is generated by new development and the cost of the facilities should be paid by the benefitting development. The public facilities which are the subject of this impact fee are identified in Table 3 and on Map 2. They include thirty nine improvement projects. The facilities included in the program are classified as four lane major and larger. Projects 13, 24, and 37 of Table 3 are to be jointly funded by both the Eastern Area Transportation DIF and the SR-125 fee program. Only the portion that is not part of the proposed SR-125 interim loop roadway system is included in this report. Pursuant to Ordinance No. 2251, developers have requested to the City Council approval to construct several DIF facilities. Table 4 presents a description of the thirteen projects already completed for a grand total of $38,608,626. The "Area of Benefit" is the area served or benefitted by the proposed improvements. Once constructed, the improvements will serve the area by providing a system of roads for residents, employees, and customers. New and future development in the City and County are generally described in adopted or proposed specific plans. However, there are large areas of land still vacant or used for agriculture. Map 1 identifies the undeveloped major land areas located in both the City and County. The proposed street projects provide routes to the regional freeway system for the developing portions of Chula Vista. It is therefore logical to use Interstate 805 as the western boundary, since only a limited percentage of vehicle trips from the benefit area are anticipated to travel west of this freeway. The northern boundary has been established at Bonita Road, since the area to the north is essentially developed, but the developing area to the south will still use Bonita. The only exception is the property known as Bonita Gateway located at the northeast quadrant of Bonita Road and 1-805. This property will benefit from the proposed DIF improvements and, therefore, is included in the program. The eastern boundary has been set at the City's current Sphere of Influence, since this entire area is expected to be oriented toward Chula Vista and will use the project area streets. The southern boundary has been established along the proposed extension of East Orange Avenue. Since the last revision in November 1990, the land use categories have changed as shown below. /L/f3 /;21 LDT:SB/BUXTONfTRANSDIF.NAR -2- 071593 LAND USE SUMMARY Land Use . Current Number Revised Number Single Family DU Detached 17,135 16,857 Single Family DU Attached 6,094 7,371 Multi-Family DU 1,915 3,725 Commercial Acres 143.0 262.3* Industrial Acres 352.3 319.6 Religious Institution Acres 10.8 14.8 Golf Course Acres 156.8 156.8 Medical Center Acres 0 30.6 * Includes 14.8 acres for Visitor Center (adjacent to GTC) Table 1 lists the revised land use using 40 EDU's/acre for commercial developments which have already satisfied the Transportation DIF obligations at that rate and using 25 EDU's/acre for commercial property that will be paying the DIF in the future. The commercial land breakdown (40/25 EDU's/acre) is shown in Table 2. JL/IJ-'H LDT:SBiBUXTONfI'RANSDIF.NAR -3- 071S93 --. ~ \ 1'--> ~ TABLE 1 Revised DIF Benefit Area Land Use (as of July 1, 1992) Single Single \< < < ........"'...... "'" PaIllily PaIllily Multi. Total Il&~. Balance ...~. ~~d' Delached Attached Family R.esidelitial ,-. iDti~8 eDU's DU DU DU DU 1"0'"'\ . (Act..) .(Acres) " . (Acres) 7+92 1 A Rancho Del Rey' 2,264 698 1,088 4,050 33.7 54.5 0 0 0 5,810 4,695' 1,115 2 G Cohen/Daley Homes 46 0 0 46 0 0 0 0 0 46 46 0 3 G Ladera Villas 29 0 0 29 0 0 0 0 0 29 29 0 4 G South CollegelWoodcrest Southwestern 54 0 0 54 0 0 0 0 0 54 54 0 5 G "H" Street Commercial! Bonita Point Plaza 0 0 0 0 10 0 0 0 0 400 400 0 6 G Bonita Long Canyon 863 0 0 863 0 0 0 0 0 863 863 0 7 Eastlake I 0 0 0 7a A Hills/Shores 1,057 766 0 1,823 0 0 0 0 0 1,670 1,644 26 7b,c, A Village Center, Business Park I, Kaiser 0 0 0 0 23.3 131.1 4 0 30.6 5,300 3,317' 1,983 d Hospita14 8 Eastlake II 8a I Greens6 1,349 2,093 483 3,925 86 0 4.8 156.8 0 5,893 3,3187 2,575 8b I Trails 793 467 0 1,260 15 0 4 0 0 1,558 0 1,558 9 Eastlake III 9a I Vistas 308 784 0 1,092 0 0 935 0 935 9b I Woods 675 0 0 675 0 0 675 0 675 9c I Business Park II 0 0 0 0 0 88 1,760 0 1,760 9d I Olympic Training Center 0 0 0 0 0 0 500' 500' 0 ge I Adjacent to OTC 0 0 0 0 2510 0 773 0 773 LDT:SBIBUXTONfl'RANSOIF. 'fB2.1 071693 -- ~ ~ -...-..J TABLE 1 Revised DlF Benefit Area Land Use (as of July 1, 1992) . .... Single Sirlgle ... I ....... Family Family MulU- Total ....... Religious ......... '.". ..~. I~~ttl Detached Attached Family Resideutial l$lituliou Ir^"..~ riC Paid> 9~~. DU DU DU DU i fA""'" (ACres) I (Acres) EoE:, 1 101) V', v ., 10 A Terra Nova Brehm 123 230 0 353 0 0 0 0 0 307 122 185 11 A Terra Nova Woodcrest 85 0 0 85 0 0 0 0 0 85 85 0 12 G Raucho Del Sur 285 0 200 485 0 0 2 0 0 413 413 0 13 G Mission Verde 76 0 0 76 0 0 0 0 0 76 76 0 14 G Canyon Views 0 40 0 40 0 0 0 0 0 32 32 0 15 G Miscellaneous 0 0 0 0 0 0 0 0 0 66 66 0 16 E Sunbowll 1,128 580 238 1,946 10 46 0 0 0 2,905 0 2,905 17 B Bonita Meadows 300 0 0 300 0 0 0 0 0 300 0 300 18 F San Miguel Ranch 1,654 0 0 1,654 0 0 0 0 0 2,179 0 2,179 19 H Otay Ranch Villages 1 & 5 3,143 1,282 1,281 5,706 3311 0 0 0 0 5,762 0 5,762 20 A Sah Creek I 166 357 0 523 0 0 0 0 0 452 452" 0 21 F Sah Creek Ranch 2,100 74 435 2,609 0 0 0 0 0 2,420 0 2,420 22 E Lyndale Hills 14 0 0 14 0 0 0 0 0 14 0 14 23 E Telegraph Canyon Estates 345 0 0 345 0 0 0 0 0 345 0 345 24 D Kelton Parcel (APN 642-020-17) 0 0 0 0 3.1 0 0 0 0 124 0 124 25 D Bonita Gateway 0 0 0 0 2.2 0 0 0 0 88 0 88 GRAND TOTAL 16,857 7,371 3,725 27,953 262.3 319.6 14.8 156.8 30.6 41,834 16,112 25,722 lDT:SBJBUXTONfl'RANIDIF. TB2-2 071393 1. Land Use Infonnation is based on one of the following: a) Approved Plan b) Transportation Pbasing Plan c) Developer's Pre-Proposal Plan d) General Plan Land Use Designation e) Tentative Map f) Environmental Impact Report g) Completed Development h) Land Use Concept Plan i) Development Agreement 6. Include proposed Eastlake Greens SPA Amendment SFD SPA MP 1,277 1,497 72 596 483 1,349 2,093 483 Current Greens SPA Amendment 7. 1,900 1.418 3,318 EDU's credited toward AD 90-3 EDU's credited toward AD 91-1 Total 8. ISO Acres Olympic Training Center (3.33 EDU's/ Acre) 2. Includes Rancho del Rey SPA Amendment 9. 500 EDU's credited toward AD 91-1. 3. EOU's credited toward AD 87-1 EDU's credited toward AD 88-2 EDU's credited toward Bast "W Street/I-80S improvements Per Development Agreement 10. 7.0 3.2 14.8 25.0 AC Commercial AC Commercial/Office AC Visitor Center ill EOU's/AC} Total 2,076 2,185 40 394 4,695 4. Includes BastLake I SPA Amendment II. 31.0 AC Commercial 2.0 AC Offices 33.0 Total 5. 2,279 EOU's credited toward AD 88-1 1.038 EDU's paid 3,317 Total 12. 452 EDU's credited toward AD 90-1 '- '-t:.. ~ ~ \ IDT:SBlBUXTONffRANSDIF.TB2 Comm Acres 19 67 86 071~93 TABLE 2 Commercial Land (Acres) 40/25 EOU's Per Acre Breakdown Map Area Area Name 40 EDU's/Acre 25 EDU's/Acre Total 1 Rancho del Rey 26.8 6.9 33.7 5 Bonita Point Plaza/" H" Street Commercial 10.0 -- 10.0 7 b, c, d Village Center, Business Park I, Kaiser 6.0 17.3 23.3 Hospital 8a Eastlake II - Greens 19.0 67.0 86.0 8b Eastlake 11 - Trails -- 15.0 15.0 ge East1ake III - Adjacent to OTC -- 10.2 10.2 12 Sunbow 11 -- 10.0 10.0 18 San Miguel Ranch -- 21.0 21.0 19 Olay Ranch Units I, 5 -- 33.0 33.0 24 Kelton Parcel 3.1 -- 3.1 25 Bonita Gateway 2.2 -- 2.2 TOTAL 67.1 180.4 247.5 This table summarizes commercial land use components that have previously paid their DIF obligation at the current rate of 40 EOU's per acre and land use components that will pay in the future at the rate of 25 EO U' s per acre. Jt/8~2( LDT:SBIBUXTONITRANSDIF.NAR -7- 071693 CITY OF CHULA VISTA \ \@ (@ G) /11) /]0 ..... \ \\ L___, \ . \ .~ 0_01 . L .-~ \~ 'J LEGEND: ------ -----.- v/////////~ @ AREA OF BENEFIT CITY BOUNDARY DIF. STREE T COUNTY AREA MAP AREA DEVELOPABLE LAND AREAl MAP I I SECTION 3 REVISED PROJECT COST ESTIMATES Ordinance No. 2251, as revised, allows for an annual adjustment to the fees to reflect changes in the Engineering - News Record Construction Cost Index. The index experienced an increase of 3.89% for the period of November 1990 to June 1992. In addition, several projects currently under construction were adjusted to more accurately reflect the actual cost of work completed and more refmed estimates for remaining work. These projects were not adjusted by the ENR Index. Table 3 presents the projects and costs being funded by the fee. A complete description, cost breakdown and location map are included in Section 6. Table 3 also identifies $6,319,885 as revenue available for DIF project construction. The revised total project cost has been reduced by this amount. This amount includes $1,205,044, which is the total of the fees to be paid in accordance with the Rancho del Rey Power Center Implementation Agreement. Ordinance No. 2251 states that a developer may request authorization from the City to construct DIF facilities. In the event that the total construction cost amounts to more than the total fees which will be required for the development, the owner is entitled to receive DIF credits. This DIF credit could be used to satisfy the fee obligations for any other development. Table 5 lists remaining credits for facilities constructed by developers for a total of $7,563,883. This amount has been added to the revised project cost (Table 3) to obtain the total project cost to be collected through the Transportation DIF. The total cost of the improvements to be funded by the fee is $87,505,000. JLjf3 - J I LDT:SBlBUXTONrrRANSDIF.NAR -9- 071593 TABLE 3 CAPITAL IMPROVEMENT PROJECTS COST ESTIMATE SUMMARY (AS OF JULY 1, 1992) No. DIF Street Location Revised Remarks Cost I State Route 125 North San Miguel to Telegraph Canyon Road $0 To SR-125 DIF/CFD 2 State Route 125 South Telegraph Canyon Road to East Orange 0 To SR-125 DIF/CFD Avenue 3 Telegraph Canyon Road Paseo Del Rey to East of Paseo Ladera 3,452,000 Widening to 6-lane ptime 3a Telegraph Canyon Road 1-805 Interchange Phase II 1,814,000 Interchange hnprovements (phase llA is under construction) 4 Telegraph Canyon Road Phase I Rutgers to Eastlake Boundary 0 Project Completed 5 Telegraph Canyon Road Phase II Paseo Ladera to Apache Drive 0 Project Completed 6 Telegraph Canyon Road Phase ill Apache Drive to Rutgers Road 1,677,000 6-lane major (under construction) 7 East "H" Street 1-805 Interchange Modifications 3,780,000 Interchange Improvements (phase I completed) 8 East "H" Street Eastlake Drive to SR-125 0 Project Completed 9 Otay Lakes Road Camino del Cerro Grande to Ridgeback 0 Project Completed Road 10 Otay Lakes Road Telegraph Canyon Road to East Orange 4,574,000 Construction as 6.1ane prime (only A venue Phase I - 4 lanes included) II Bonita Road Otay Lakes Road to Central Avenue 370,000 Widening to 4-1ane major 12 Bonita Road Central Avenue to San Miguel Road 792,000 Widening to 4-lane major 13 San Miguel Road Bonita Road to SR -125 1,574,500 Second Part of SR-125 DIF/CFD 14 East "H" Street SR -125 to Mt. Miguel Road 0 Project completed 15 Proctor Valley Road Mt. Miguel Road to Hunte Parkway 5,;\77,000 Construction as 6-lane prime (East "R" Street) 16 East Orange Avenue Oleander to Sunbow Eastern Boundary 6,266,000 Construction as 6-lane prime 17 East Palomar Street Oleander to Sunbow Eastern Boundary 6,782,000 Construction as 4-lane major ;tf!J / 3~ LDT,SBIBUXTONITRANSDtF.NAR -10- 052093 TABLE 3 CAPITAL IMPROVEMENT PROJECTS COSTEST~ATES~Y (AS OF JULY 1, 1992) No. DIF Street Location Revised Remarks Cost 18 Telegraph Canyon Road Phase IV Eastlake I Eastern Boundary to o Project Completed Hunte Parkway 19 Eastlake Parkway Telegraph Canyon Road to Eastlake High 0 Project Completed School Southern Boundary 20 Hunte Parkway Proctor Valley Road to Telegraph Canyon 4,395,000 Construction as 4-lane major Road 21 Hunte Parkway Telegraph Canyon Road to Club House 0 Project Completed Drive 21a Hunte Parkway Club House Drive to East Orange Avenue 1,250,000 Construction as 4-lane major 22 East Orange Avenue Eastlake Parkway to Hunte Parkway 6,356,000 Construction as 6-lane prime 23 Paseo Ranchero Telegraph Canyon Road to East Orange 3,388,000 Construction as 6-lane prime (only Avenue Phase I - 4 lanes included) 24 East Orange Avenue Eastern Sunbow Boundary to Eastlake 7,272,000 Second Part of SR-125 DIF/CFD Parkway 25 East Orange Avenue 1-805 Interchange Modifications 4,064,000 Interchange Improvements 26 East Palomar Street Eastern Sunbow Boundary to Paseo 3,120,000 Construction as 4-lane major Ranchero 27 East Palomar Street 1-805 Interchange 2,673,000 Interchange Improvements 28 Telegraph Canyon Road Hunte Parkway to Wueste Road 3,114,000 Construction as 4-lane major 29 East Orange Avenue Hunte Parkway to Olympic Training Center 5,104,000 Construction as 4-lane major 30 Telegraph Canyon Road SR-125 to Eastlake Parkway 1 ,493,900 Widening to 8-lane prime 31 Eastlake Parkway Fenton Street to Telegraph Canyon Road 980,400 Widening to 6-lane major 32 East "H" Street 1-805 to Hidden Vista Drive 901,000 Widening to 8 lanes 33 Bonita Road Otay Lakes Road Intersection 105,000 Intersection Improvements 34 Otay Lakes Road Elmhurst Drive Intersection 70,000 Intersection Improvements 35 East "H" Street Otay Lakes Road Intersection 221,000 Intersection Improvements 36 Traffic Signal System wide 138,000 Interconnection )1(j'J} LDT:SBIBUXTON/TRANSDIP.NAR -11- 071593 TABLE 3 CAPITAL IMPROVEMENT PROJECTS COST ESTIMATE SUMMARY (AS OF JULY 1, 1992) No. DIP Street Location Revised Remarks Cost 37 Eastlake Parkway Eastlake High School Southern Boundary to 887,500 Second Part of SR-125 DIP/CPO East Orange Avenue 38 East "H" Street Paseo Del Rey to Tierra Del Rey 682,000 Street Widening 39 Bonita Road 1-805 to Plaza Bonita Road 270,000 Street Widening SUBTOTAL $82,943,300 A DIP program support 4 % of total project cost 3,317,732 Available Revenue Less funds available for DIP construction (6,319,885) Ramaining Credits See Table 5 7,563,883 GRAND TOTAL $87,505,030 SAY 87,505,000 F/!J-Ji LDT:SBlBUXTON/TRANSDIP .NAR -12- 071393 TABLE 4 COMPLETED DIF PROJECTS (AS OF JULY 1, 1992) No. DIF Street Location Cost I East "H" Street Through Rancho Del Rey $4,372,696 2 Gtay Lakes Road Intersection with East "H" Street 328,921 3 Telegraph Canyon Road Paseo del Rey to East of Paseo Ladera 350,037 (south side) 4 Telegraph Canyon Road 1-805 Interchange/Phase I 174,332 5 Gtay Lakes Road Camino del Cerro Grande to Ridgeback 6,227,169 Road 6 Central Avenue Bonita Road to Corral Canyon 190,000 7 Telegraph Canyon Road Phase I - Rutgers Road to Eastlake 6,671,052 Boundary 8 Telegraph Canyon Road Phase II - Paseo Ladera to Apache 11,118,765 Drive 9 East "H" Street Phase I - 1-805 Modifications 577,155 10 Eastlake Parkway Telegraph Canyon Road to Southern 1,883,636 High School Boundary 11 Hunte Parkway Telegraph Canyon Road to Club House 1,251,299 Drive 12 East "H" Street Eastlake Drive to SR-125 and 2,075,047 SR-125 to Mt. Miguel Road 13 Telegraph Canyon Road Eastlake Boundary to Hunte Parkway 3,388,518 GRAND TOTAL $38,608,626 COMPLETED Note: * = Under revision * * /L/!J/3~ LDT;SB/BUXTONITRANSDIF .NAR -13- 052093 TABLE 5 CREDITS SUMMARY (AS OF JULY 1, 1992) Project Location Total Cost Fees Paid Credits Used Credits Remarks Remaining Telegraph Canyon Road Rutgers Road to $6,671,502 $6,671,502 $0 $0 Fees Paid Through (Phase I) Eastlake Boundary Assessment District No. 88-1 Otay Lakes Road Camino del Cerra 6,227,169 6,227,169 0 0 Fees Paid Through Grande to Ridgeback Assessment District No. 88-2 Road Telegraph Canyon Road Paseo Ladera to Apache 11,118,764' 5,863,573 2,360,780 2,894,402 Fees Paid Through (Phase ll) Drive Assessment District No. 91-} East nH n Street 1-805 Interchange 577,155 0 122,400 454,755 Modifications East "H" Street Through Rancho Del 4,372,696 4,361,046 0 11,650 Fees Paid Through Rey Assessment District No. 87.1 East "H" Street Eastlake Dr. to SR.125 2,075,047' 1,381,896 0 693,151 Fees Paid Through and 5R-125 to Mt. Assessment District No. 90.1 Miguel Road State Route 125 Within Salt Creek I 2,622,740' 0 0 2,622,470 Eastlake Parkway Telegraph Canyon Rd. 1,883,636 1,729,969 0 153,667 Fees Paid Through to Southern Eastlake Assessment District No. 90-3 High School Boundary Hunte Parkway Telegraph Canyon Rd. 1,251,299 1,233,158 0 18,141 Fees Paid Through to Club House Drive Assessment District No. 90-3 Telegraph Canyon Road Eastlake Easterly 3,388,518 2,793,069 0 595,449 Fees Paid Through Boundary to Hunte Assessment District No. 90-3 Pkwy. East ~H" Street Otay Lakes Road 120,198 0 0 120,198 Intersection (Right-of- way at Kelton Parcel APN# 642-020-17) TOTALS $40,308,454 $30,261,382 $2,483,189 $7,563,883 Note: * = Under revision /L/!]--JG LDT:SB/BUXTONITRANSDlF.NAR -14- 052093 CITY OF CHULA VISTA /', ( , , ') I, I ('.-- :-"L -..J I I rl I I \ _-' I "" I \ ".'" I V I I I I I ----- I I I I I I I ,I @ @ @ I \ \ 1 I I \ , I I ;" \ ( \\ \ \ \J LEGEND: ------- AREA OF BENEFIT OIF: STREET @* @* ~ \ L__~ * * G) FREEWAY INTERCHANGE STREET INTERSECTION PROJECT NUMBER JY(}' 37 ITREET PROJECT LOCATION MAP 2 II SECTION 4 DEVELOPMENT IMPACT FEE METHODOLOGY One of the most common tools used to equate benefit impact fees among the different land uses and densities is the "Equivalent Dwelling Unit" or EDU. The single-family detached dwelling is the base for the assignment of EDU's. The difference in the ratio between the land uses and densities is related to benefit or amount of use that each particular land use receives from a specific public facility category. For example, there is a clear relationship between the generation of traffic trips based on the land use and density of a specific parcel and the use of transportation facilities. In the report "San Diego Traffic Generators," published by SANDAG, the traffic trips generated by various classes of use are detailed. The report indicates that there are an average of 10 daily trips from a single-family detached dwelling unit, 8 trips from an attached unit, and 6 trips from a multi- family structure. Traffic generation rates for industrial land uses vary. Business parks average 200 trips per acre. Although 300 ADT was used in the Interim DIF, further traffic reports, including the "Transportation Analysis" for Rancho Del Rey, SPA I, proved a more accurate figure to be 200 ADT for the "R" Street Industrial Employment Park. This figure, which conforms to SANDAG's 200 ADT's for Business Parks is used here for transportation EDU's. The Convention Center and Quasi Public uses listed are for the Olympic Training Center. The Convention Center ADT's are from SANDAG trip generation factors and are consistent with the hotel, convention facilities, retail, and office uses. The Olympic Training Center is a "quasi public" facility which renders an essentially public service but will be privately owned and controlled. The athletic facilities and housing for 1,000 athletes are a unique situation which is not specifically listed as a land use for trip generation factors. There will be no major events to draw the public and the young people coming to train will mostly remain in the general area during their stay. A study produced by Urban Systems Associates for Eastlake III showed that based on the Olympic Training plan, the entire aTC acreage will generate 5,000 ADT. Therefore, a total of 500 EDU will be counted for this development. A "religious institution" is primarily a place of religious assembly. It may have associated uses such as educational or counseling services. Four EDU's per acre is used. The "Kaiser Medical Center" (30.6 acres) has been assigned a total of 1,989 EDU's. This figure is based on a traffic generation rate of 650 trips/acre pursuant to the Development Agreement approved by the City Council on June 30, 1992. /L/J- :s;r LDT:SB/BUXTON/TRANSDIF .NAR -16- 052093 Transportation Equivalent Dwelling Units Single Family Detached 1.00 EDU/DU Single Family Attached 0.80 EDU/DU Multi-Family 0.60 EDU/DU Commercial I Acre* 40.00/25.00 EDU/Acre Industrial! Acre 20.00 EDU/Acre Religious Institution 4.00 EDU/Acre GTC 3.33 EDU/Acre Adjacent to GTC 35.00 EDU/Acre Golf Course 0.80 EDU/Acre Medical Center 65 EDU/Acre * Previous studies have used a traffic generator factor of 400 trips/acre for commercial land. City staff recommends to reduce this factor to 250 trips/acre to give full consideration to the "passerby trips" phenomenon. Passerby trips are trips in which a stop at retail commercial is one part of a linked trip to or from work. This report proposes a revised fee based on 250 trips/acre for commercial property that will be paying the commercial DIF in the future. The circulation system must be viewed as a whole. Breakdowns in any part of the system will have a deleterious impact on other parts of the system. The analogy of a water system is sometimes used where constrictions or disruptions in any part of the system will have significant impacts on the whole system. The scope of the improvements and the area of benefit are determined by an analysis of impacts on the total circulation system east of Interstate 805 for various increments of cumulative development within the total area of benefit. Therefore, the cost of all the required improve- ments has been spread equally to all new development regardless of the location of the improvement in relation to the development. The improvements to be provided by the development impact fee are included in the Transportation Phasing Plan. They are consistent with the general plan and specific plans that have been adopted by the City Council. The fee shall be collected as a condition of building permit issuance. The fee is subject to an annual adjustment based on the Engineering News Record (ENR) Construction Index each fiscal year. Fees may also be adjusted based on updated information regarding land use or the type, size, location, or cost of proposed facilities. Committed SLTPP (projects whose State matching rate is finalized) will be considered in estimating project costs. . Pi!J ~ Ji lDT:SBIBUXTONITRANSDIF.NAR -17- 071693 All fees collected shall be deposited in an interest accruing fund and shall be expended only with the approval of the City Council for DIP projects listed in this report. /'-/() /t/tJ LDT:SBIBUXTONITRANSDIF .NAR -18- 052093 Table 6 Development Impact Fee Calculation Per Eouivalent Dwellinl! Unit Total Cost of Improvements Total EDU's $87.505.000 25,722 EDU's Use: $3,401.95/EDU $3,402/EDU 1993 Revised Eastern Area Develonment Imnact Fees for Streets Category Existing Fee 1993 Revised Fee Single Family Detached $3,060/DU 3,402/DU Single Family Attached 2,448/DU 2,722/DU Multi-Family 1,836/DU 2,042/DU Commercial! Acre 122,400/AC 85,050/AC Industrial/Acre 61,200/AC 68,040/AC Religious Institution 1l,400/AC 13,608/AC GTC 1O,190/AC N/A Golf Course 2,448/AC 2, 722/AC Medical Center -- 221, 130/AC Jt/f)~L/1 LDT:SBIBUXTONITRANSDIF.NAR -19- 071393 SECTION 5 ADVANCE CONSTRUCTION OF DEVELOPMENT IMPACT FEE PROJECTS An owner/developer may request authorization from the City to construct one or more of the projects which are included in the list of facilities with development impact fee charges. The owner/developer proposing to construct a development impact fee project, shall apply for approval of the City Council. The application shall contain at least the following information and requirements: A) Detailed description of the project with a preliminary cost estimate. B) Requires of owner/developer: . prepare plans and specifications for approval by the City; . secure and dedicate any right-of-way required for the project; . secure all required permits, environmental clearances necessary for construction of the project; . provide performance bonds; . pay all City fees and costs. . coordinate with City and Caltrans to facilitate inclusion of projects in State-Local Transportation Partnership Program authorized under SB300 and SB2829 C) The owner/developer shall advance all necessary funds to construct the project. The City will not be responsible for any construction costs. D) The owner/developer shall secure at least three (3) qualified bids for the construction. Any extra work or charges during construction shall be justified and documented. E) When all work has been completed to the satisfaction of the City, the owner/ developer shall submit verification to the City of payments made for the construction. The City Manager shall make the final determination on expenditures eligible for credit or cash reimbursement. F) The City shall inspect all construction and verify quantities, in accordance with the City and State Code to ensure that the final improvement complies with all applicable standards and is constructed to the satisfaction of the City Engineer. G) The owner/developer will receive a credit against the required development impact fees during the issuance of building permits for the proposed development. If the total eligible construction costs actually expended by the developer amounts to more than the total required development impact fees, the owner/developer will be paid the excess cash when funds are available as determined by the City Manager. J i!J - tf J.. LDT:SB/BUXTONITRANSDIF .NAR -20- 052093 DIF credits received by an owner/developer cannot be used to pay the 4% administration fee portion of the total transportation DIF fee required of future building permits, Le. credits may be used to satisfy 96% of future individual transportation DIF obligations. All fees collected shall be deposited in an interest accruing fund and shall be expended only with the approval of the City Council for DIF projects listed in this report. H) The City will assist the development community by making application for funding under the State-Local Transportation Partnership Program (SLTPP) authorized under SB300 and SB2829 if so requested by the owner/developer at the time of request for authorization to construct a development impact fee project. The developer shall be responsible for providing any and all information necessary for the City to make application to Caltrans for this program. Any funds received by the City from the SLTPP shall be deposited into the City's DIF account and used to offset future costs of the DIF program or for early payback of excess developer expenditures as determined by the City. SLTPP funds received or committed on projects which have been started, but are yet incomplete, will be accounted for at the time adjustments/re-evaluations of the Transportation Development Impact Fee occurs. Note: The transportation phasing plan provides a prioritization and the timing of need with respect to cumulative development for each of the DIF projects. This information together with the Development Impact Fee Report is considered in approving owner/ developer construction and the timing of credit or cash disbursements. ;L//J/L/3 LDT:SB/BUXTONITRANSDIF .NAR -21- 052093 Project No. 3 3a 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 21a 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A SECTION 6 PROJECT DESCRIPrION AND COST ESTIMATE Title Pal!e Telegraph Canyon Road/Paseo Ladera ...................... 23 Telegraph Canyon Road/Interstate 805 ...................... 25 Telegraph Canyon Road/Phase I .......................... 28 Telegraph Canyon Road/Phase II . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Telegraph Canyon Road/Phase III ......................... 32 East "H" Street/Interstate 805 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 East "H" Street/State Route 125 .......................... 36 Otay Lakes Road/Ridgeback Road . . . . . . . . . . . . . . . . . . . . . . . . . 38 Otay Lakes Road/South Boundary ......................... 40 Bonita Road/Central ................................. 42 Bonita Road/San Miguel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 San Miguel Road/State Route 125 ......................... 46 East "H" Street/San Miguel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Proctor Valley Road/Hunte Parkway. . . . . . . . . . . . . . . . . . . . . . . . 50 East Orange A venue/Sunbow . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 East Palomar Street/Sunbow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Telegraph Canyon Road/Hunte Parkway ..................... 56 EastIake Parkway High School ........................... 58 Hunte Parkway/Telegraph Canyon Road ..................... 60 Hunte Parkway/Club House Drive . . . . . . . . . . . . . . . . . . . . . . . . . 62 Hunte Parkway/East Orange Avenue ....................... 64 East Orange A venue/Hunte Parkway ....................... 66 Paseo Ranchero Road/Southern Boundary .................... 68 East Orange Avenue/EastIake Parkway ...................... 70 East Orange Avenue/Interstate 805 . . . . . . . . . . . . . . . . . . . . . . . . . 72 East Palomar Street/Paseo Ranchero . . . . . . . . . . . . . . . . . . . . . . . . 74 East Palomar Street/Interstate 805 ......................... 76 Telegraph Canyon Road/Wueste Road . . . . . . . . . . . . . . . . . . . . . . . 78 East Orange Avenue/OTC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Telegraph Canyon Road/EastIake Parkway . . . . . . . . . . . . . . . . . . . . 82 EastIake Parkway/Telegraph Canyon Road . . . . . . . . . . . . . . . . . . . . 84 East "H" Street/Hidden Vista Drive .. . . . . . . . . . . . . . . . . . . . . . . 86 Otay Lakes Road/Bonita Road ........................... 88 Otay Lakes Road/Elmhurst Drive ......................... 90 East "H" Street/Otay Lakes Road ......................... 92 Traffic Signal Interconnection . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 EastIake Parkway/East Orange Avenue . . . . . . . . . . . . . . . . . . . . . . 96 East "H" Street/Power Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Bonita Road/Plaza Bonita Road . . . . . . . . . . . . . . . . . . . . . . . . .. 100 4% DIF Support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 ! tj(3 ~t/i -22- 052093 LDT:SB/BUXTONITRANSDIF .NAR PROJECT NO.3 TELEGRAPH CANYON ROAD PASEO DEL REV TO EAST OF PASEO LADERA Project Description: Widen Telegraph Canyon Road to a six lane prime arterial street (104 feet curb to curb) from Paseo Del Rey to east of Paseo Ladera. Improvements to include grading, pavement, drainage facilities, curb, sidewalk, street lighting, landscaping and median landscaping. This project includes the median landscaping from Interstate 805 to Paseo Del Rey. Cost Estimate: $3,452,000 Project Location: c:i a: (^, , ' ;--, t, : , ---.I , : r-J \ ,,--' , \ ,," , y , , , , , L__ -.., /1 , , , , .. ,.J " ... '-of , ;t , Ii~ I ~ ....."""'....""'\ I _.....~E- \ I O~"'NG~ \ t' \ , \ , \J ~ll. ~ o ell , - ,,-/ / L/ [S /t-/l;> LDT,SBfBUXTONrrRANSDlF.NAR -23- 052093 TELEGRAPH CANYON ROAD NORTH SIDE: PASEO DEL REY TO EAST OF PASEO LADERA SOUTH SIDE: EAST OF MEDICAL CENTER DRIVE TO SUNBOW BOUNDARY COST ESTIMATE Estimate June 1992 TELEGRAPH CANYON ROAD I. NORTH SIDE Surface Improvements $ 1,178,000 Utility Relocation 104,000 Dry Utility 229.000 Subtotal $ 1,511,000 II. SOUTH SIDE Surface Improvements $ 501,000 Water Line Relocation 104,000 Traffic Signal 104.000 Subtotal $ 2,220,000 III. LANDSCAPING MEDIAN & SLOPES 412.000 Subtotal $ 2,632,000 IV. 15 % Contingency 395.000 Subtotal $ 3,027,000 V. 6% Design 182,000 VI. 6% Inspection and Administration 182.000 Subtotal $ 3,391,000 VII. 2 % DIF Administration 61.000 TOTAL $ 3,452,000 USE $ 3.452.000 J L/!3 -Vb LDT:SB/BUXTONITRANSDIF .NAR -24- 052093 PROJECT NO. 3a TELEGRAPH CANYON ROAD ~RSTATE805~RCHANGE PHASE IT Project Description: Provide operational improvements at the interchange of Interstate 805 and Telegraph Canyon Road. Improvements to include ramp widening, intersection widening, and signal synchronization on both the north and south sides of Telegraph Canyon Road, east and west of the freeway. Phase I is completed. Phase II is to be com- pleted in three sub-phases: Cost Estimate: Phase IIa (under construction) Phase lIb Phase lIe TOTAL $ 46,000 $ 320,000 $ 1.448.000 $ 1,814,000 Q II: (^, , , ,..--, L, 1 , --....J , , ,-J \ .,,--" , \ .,,'" , y , , , , , L__ -., /1 , , , , ,.J ~ l / iir' -< , ~ ' "'W _"'" I _- , I --~t:. \ I OR"NGE \ t' \ , \ , \1 RO. Project Location: ., o .. , - /Lje-l-/7 LDT:SBIBUXTONfTRANSDIF.NAR -25- 052093 TELEGRAPH CANYON ROAD INTERSTATE 805 INTERCHANGE PHASE II COST ESTIMATE Phase IIa (Under Construction) Estimate June 1992 I. Project Cost $ 326,700 II. Administration $ 11,300 III. 2 % DIF Project Administration $ 6.500 TOTAL CONSTRUCTION $ 344,500 Less total Expenditures to 6/30/92 $ (298.746) $ 45,754 USE $ 46.000 1) Cost estimate is from agreement with Caltrans (Includes improvements, contingency, design, and inspection) Phase lIb Estimate June 1992 I. Public Improvements $ 193,200 II. 20 % Contingency $ 38.600 Subtotal $ 231,800 III. 12 % Preliminary Engineering $ 27,800 IV. 20% Construction Engineering $ 46.400 Subtotal $ 306,000 V. 4 % Administration $ 9,300 VI. 2 % DIF Project Administration 4.600 TOTAL $ 319,900 USE $ 320.000 j4(3 -i<l LDT:SB/BUXTONrrRANSDIF .NAR -26- 052093 TELEGRAPH CANYON ROAD INTERSTATE 805 INTERCHANGE PHASE II COST ESTIMATE Phase lIe Estimate June 1992 I. Public Improvements $ 847,500 II. 20 % Contingency 174.900 Subtotal $ 1,049,400 III. 12 % Preliminary Engineering $ 125,900 IV. 20 % Construction Engineering 209.900 Subtotal $ 1,385,200 V. 4 % Administration $ 42,000 VI. 2 % DIF Project Administration 21.000 TOTAL $ 1,448,200 USE $ 1,448.000 JL! !J -'/7 LDT:SB/BUXTON/TRANSDIF .NAR -27- 052093 PROJECT NO.4 PHASE I TELEGRAPH CANYON ROAD RUTGERS ROAD TO THE EASTERN EASTLAKE I BOUNDARY Project Description: Widen Telegraph Canyon Road to a six lane prime arterial (104 feet curb to curb) from Rutgers Avenue past State Route 125 to the eastern boundary of Eastiake I. Improvements to include grading, pavement, curb and gutter, raised landscaped median, street lighting, sidewalks, and storm drains. Drainage channel not included. Cost Estimate: Project complete. Project Location: ci GI: (", , , ,.--, ~ f , --...J , , ,-J \ ~--'" , , ~ "'~ , , , , , , L --- .., ,,"'....I..[)- /' , I I I I .. ,J Joi. / ~ I ~ ' "W _""" I _- \ I --~E. \ I ORANGE \ / \ , \ , V ,",0. .,. -H- .. o .. 1 \ .,.~ \ ~~GFlAPl'I C ~lISEO RANCHERO OtolAR ST. _ .... \ ElIST PAl.. ....- lI~ T r-- E \ '----J. F-/!J /.)0 LDT:SBIBUXTONrrRANSDIF .NAR -28- 052093 PHASE I TELEGRAPH CANYON ROAD RUTGERS ROAD TO THE EASTERN EASTLAKE I BOUNDARY I. Construction Costs II. Incidental Costs III. 2 % DIF Support COST ESTIMATE TOTAL 1) Final Cost is from Assessement District No. 88-1. LDT:SBfBUXTON/TRANSDIF .NAR -29- / L/ !J ~~ I Estimate May 1991 $ 5,604,087 936,160 130.805 $ 6,671,052 052093 PROJECT NO.5 PHASE n TELEGRAPH CANYON ROAD PASEO LADERA TO APACHE ROAD Project Description: Widen Telegraph Canyon Road to a six lane prime arterial (104 feet curb to curb) from Paseo Ladera to Apache Road. Improve- ments to inlcude grading, pavement, curb and gutter, raised landscaped median, street lighting and storm drains. Drainage channel not included. Cost Estimate: Project complete. Project Location: c:i II: (^, , , ...--, ~ 1 , --...J , : r-J \ ,,--' , , "," , y , , , , , L__ -..., ",,\,.\..F:r /J , , , , ,J / , , I I \ I \ l \ , \ , \ I \) Go ~~ :... ~ ~ -< a;~ "W _"'" ,....- , - _""'""E. ORANGE ~ o !II I /i(J-5~ LDT:SBIBUXTONfTRANSDlF .NAR -30- 052093 PHASE II TELEGRAPH CANYON ROAD PASEO LADERA TO APACHE ROAD COST ESTIMATE I. Construction Costs II. Incidental Costs III. 2% DIF Support Subtotal (Less Channel Cost) TOTAL 1) Cost Estimate is from Assessement District No. 91-1 (under revision). /L/{J '-{J LDT;SB/BUXTON/TRANSDIF .NAR -31- Estimate May 1992 $ 9,413,310 2,423,259 218.015 $ 12,054,584 ( 935.820) $ 11,118,764 052093 PROJECT NO.6 PHASE m TELEGRAPH CANYON ROAD/OTAY LAKES ROAD APACHE DRIVE TO RUTGERS ROAD Project Description: Widen Telegraph Canyon Road to a six lane major street (104 feet curb to curb) from Apache Drive to Rutgers Road. Improvements to include grading, pavement, curb and gutter, raised landscaped median, street lighting, traffic signal, storm drains, and right-of- way acquisition. Cost Estimate: $1,677 ,000 (under construction) Project Location: c::i lIl: (^, I ' .._-, ~ 1 · ---J I : r-J \ ..--" I \ "," I Y I , I I I L__ -.., ,.;' I , , , , ,J / l , I , I I \ I \ ' \ , \J / L/ tJ / ~i '" o '" . \ 7" \ E"1.E"GRAPl'I ( \ EAS" LDT:SB/BUXTONITRANSDIF .NAR -32- 052093 PHASE III TELEGRAPH CANYON ROAD/OTAY LAKES ROAD APACHE DRIVE TO RUTGERS ROAD (Under Construction) COST ESTIMATE I. Construction Cost (less channel costs) Subtotal II. 7 % Contingencies Subtotal III. Design Consultant + Soils + Survey IV. City Plan Check & Inspection Subtotal Subtotal V. Less Non-DIF Funds Subtotal VI. 2 % DIF Project Administration TOTAL VII. (Less Expenditures to 6/30/92) USE Funds Distribution FAU. Navy Subtotal Non DIF Funds $1,455,476 1.431.000 $2,886,476 1. June 1992 Cost estimate is based on bid infOrmatiOj tj Ij -.5'5 LDT:SB/BUXTON/TRANSDIF .NAR -33- Estimate June 1992 $ 4,043,000 111.800 $ 3,931,200 275.000 $ 4,206,200 $ 448,000 450.000 $ 898,000 $ 5,104,200 2.886.476 $ 2,217,724 84.124 $ 2,301,848 (624.705) $ 1,677,143 $ 1.677.000 052093 PROJECT NO.7 EAST "B" STREET ThITERSTATE 805 ThITERCHANGE Project Description: Provide operational improvements at the interchange of East B Street and Interstate 805. Improvements to include ramp widening, intersection widening, and signal synchronization on both the north and south side of East B Street, east and west of the freeway. This project consists of twD construction phases. Cost Estimate: Phase I Phase II Complete $ 3,780,000 Project Location: Q Ill: ^ ( " I. ) ...--, L, I · ---J , : ,...J \ ",- -' , \ ",'" I Y I , I I I L__ -.., -JI>-,,\.Er // , , , , It ,.J ./ )Ii. .~ , ~ \ 'W ....__'\ { _....~€- \ I OR..NGl \ fl \ , \ , \J '" o .. \ \ E..s"t J 1'15" J'& LDT:SBIBUXTONITRANSDIF .NAR -34- 052093 EAST "H" STREET INTERSTATE 805 INTERCHANGE COST ESTIMATE Phase I (Completed) Subtotal Final Cost August 1991 $ 570,713 0 $ 570,713 $ 6.442 $ 577,155 I. West of Bridge Reimbursement Summary II. 15% Contingency 111. 2 % City Administration TOTAL 1) Final cost is from Rancho Del Rey Partnership Phase II Estimate June 1992 I. Public Improvements (includes contingency) $ 2,611,000 II. Utilities Relocation 10,000 111. Incidentals $ 1.085.000 Subtotal $ 3,706,000 IV. 2 % DIF Project Administration $ 74.100 TOTAL $ 3,780,100 USE $ 3.780.0QO 1. Cost estimate is from Caltrans Project Study Report /L/(J'S7 LDT:SB/BUXTON/TRANSDIF ,NAR -35- 052093 PROJECT NO.8 EAST 8 STREET EASTLAKE DRIVE TO STATE ROUTE 125 Project Description: Construction East "8" Street from EastIake Drive to State Route 125 as a four lane major street (80 feet curb to curb). Improve- ments to include grading, pavement, curb and gutter, sidewalks, raised landscaped median, and street lighting. Mass grading has been completed. No additional right-of-way will be acquired. Cost Estimate: Project complete. Project Location: ci g: ^ ( " , ) __, ~ I ,. ---J , -....'\ , J ~ \ , r \ ",--' , \ ",'" , Y I I , , , L___ .., /1 I I I I ,J / , , I , , t' \ , \ , \J )u/5/ 5~ '" o ~ I \ T \ E"I.CGRAPII ( \ EAS1 LDT:SBIBUXTONiTRANSDIF .NAR -36- 052093 EAST H STREET EASTLAKE DRIVE TO STATE ROUTE 125 AND STATE ROUTE 125 TO MT. MIGUEL ROAD COST ESTIMATE I. II. Construction Costs Incidental Costs TOTAL Estimate June 1992 $ 1,755,200 319.847 $ 2,075,047 1) Cost estimate is for construction of the following portions of East "H" Street: Project No. 8 - Eastlake Drive to SR-125 Project No. 14 - SR-125 to Mt. Miguel Road Cost estimate is from the Baldwing Company. Currently under revision. /L/!J/5J LDT:SB/BUXTON/TRANSDIF .NAR -37- 052093 PROJECT NO.9 OTAY LAKES ROAD CAMINO DEL CERRO GRANDE TO RIDGEBACK ROAD Project Description: Widen Otay Lakes Road to a four lane major street (80' curb to curb) from Camino del Cerro Grande to Ridgeback Road. . Improvement to include grading, pavement, drainage facilities, curb, sidewalk, raised landscaped median, street lighting, and electrical utility relocation. Improvements will require additional land acquisition. Cost Estimate: Project complete. Project Location: c:i II: ^ ( " , ) _-, L, I .~ ---J J : ,-J \ ,.--" , \ ,." , '" , , , , , L__ -~ , , , , , , ,J ,/ , , I ....-'\ I -- \, _-",\IE- OIl",NGE \ IJ \ . \ ' \ I \J oil o 1Il I - F--I(j ~&O LDT:SB/BUXTONITRANSDIF .NAR -38- 052093 OTAY LAKES ROAD CAMINO DEL CERRO GRANDE TO RIDGEBACK ROAD COST ESTIMATE Estimate January 1990 I. Construction Costs II. Incidental Costs III. 2 % DIF Support TOTAL $ 5,408,403 696,664 122.101 $ 6,227,169 1) Final Cost is from Assessement District No. 88-2. /tj()/(p ( LDT,SB/BUXTON/TRANSDlF .NAR -39- 052093 PROJECT NO. 10 OTAY LAKES ROAD TELEGRAPH CANYON ROAD TO EAST ORANGE AVENUE PHASE I Project Description: Construct Otay Lakes Road as a six lane prime arterial (104 feet curb to curb), from Telegraph Canyon Road to East Orange Avenue. Improvements to include grading, pavement, drainage facilities, curb, sidewalks, landscaping, and street lighting. This project is to be constructed in two phases. Only Phase I is included in this report. Cost Estimate: Phase I $4,574,000 Project Location: ........"\ \ \ "",,""--' , ,," y (^, J ' ,.--, c... ) ---J I : ,J J J J J I J J L__ -..., ,If ~o. I I I I ,J / , , , --, , -- \ _.... .."Eo. I O~"llG~ \ ,I \ J \ , '\1 ci II: ... o ... I Ii (] ~bcA LDT:SB/BUXTONrrRANSDIF .NAR -40- 052093 OTAY LAKES ROAD TELEGRAPH CANYON ROAD TO EAST ORANGE AVENUE PHASE I COST ESTIMATE Estimate June 1992 I. Public Improvements $ 3,488,400 II. 15 % Contingency 523.300 Subtotal $ 4,011,700 III. 6 % Design $ 241,000 IV. 6% Inspection and Administration 241.000 Subtotal $ 4,493,700 V. 2 % DIF Administration $ 80.200 TOTAL $ 4,573,900 USE $ 4.574.000 1. Original project was extended southerly to the new DIF boundary (proposed East Orange Avenue alignment). 2. Phase I cost estimate is for full grading, full landscaped median, 32 feet of pavement each way and sidewalk. Phase II will be included later when additional development warrants the construction of the remaining improvements to complete a 6 lane facility. / tj!J -~) LDT:SB/BUXTON/TRANSDIF .NAR -41- 052093 PROJECT NO. 11 BONITA ROAD OTAY LAKES ROAD TO CENTRAL AVENUE Project Description: Widen Bonita Road from Otay Lakes Road to Central Avenue to a four lane major street standard (80 feet curb to curb). Improve- ments to include grading, pavement, drainage facilities, curb, sidewalk, raised median, and street lighting. Cost Estimate: $370,000 Project Location: .. a: ^ ( " I ) _-, t, I ~ ---J I : ,-J \ ,- -' , \ " , Y I I , , I L__ . -.., ,/' , I , , , ,J ,/ , , I , I \ {' \ , \ , \ , \: 1;>0. .. o .. I )L-j!J '& ~/ LDT:SBIBUXTONrrRANSDIF .NAR -42- 052093 I. II. III. IV. V. BONITA ROAD OTAY LAKES ROAD TO CENTRAL AVENUE COST ESTIMATE Estimate June 1992 Public Improvements $ 282,500 15 % Contingency 42.400 Subtotal $ 324,900 6% Design 19,500 6% Inspection & Administration 19.500 Subtotal $ 363,900 2 % DIF Administration 6.500 TOTAL $ 370,400 USE $ 370,000 1. This street portion is a cooperative effort with the County. 2. Cost estimate represents the City's share of the total cost for the project. The City's share is 32% of the total length. /t/!J/t5 LDT:SB/BUXTON/TRANSDIF .NAR -43- 052093 PROJECT NO. 12 BONITA ROAD CENTRAL AVENUE TO SAN MIGUEL ROAD Project Description: Widen Bonita Road from Central A venue to San Miguel Road to a four lane major street (80 feet curb to curb). Improvements to include grading, pavement, drainage facilities, curb, sidewalk and street lighting. Improvements will require additional land acquisi- tion. Cost Estimate: $792,000 Project Location: ci Q: (", , , ,..--1 ~ f , --....J , , r-J ;t/IIIea_' , \,........ , , , , , , L__ -..., "",,\..Ei- /' , , , , , ~o. ~ ~ ..... / ~ I I: ' "W _"'" I _- , I --~f- \ I OR"NGE \ l \ I \ I \1 lifJ-&& LDT:SBfBUXTONITRANSDIF .NAR -44- 052093 BONITA ROAD CENTRAL A VENUE TO SAN MIGUEL ROAD COST ESTIMATE Subtotal Estimate June 1992 $ 590,400 88.600 $ 697,000 40,700 40.700 $ 778,400 13.900 TOTAL $ 792,300 USE $ 792.000 I. Surface Improvements II. 15% Contingency III. 6% Design IV. 6 % Inspection & Administration Subtotal V. 2 % DIF Project Administration 1. This street portion is a cooperative effort with the County. 2. The City's share of the cost is based on the City's share of the traffic generation figures. 1'-(1)/&7 LDT,SBIBUXTON/TRANSDlF.NAR -45- 052093 PROJECT NO. 13 SAN MIGUEL ROAD BONITA ROAD TO STATE ROUTE 125 Project Description: Widen San Miguel Road to a Class I collector street (68 feet curb to curb) from Bonita Road to future State Route 125. Improve- ments will include grading, pavement, curb, sidewalk, drainage facilities and street lighting. Improvements will require additional land acquisition and possil?!e demolition of structures. Cost Estimate: $1,574,500 Project Location: ci a:: (^', I ' ,.--1 L, ! , --...J I I ,-J "".... - " , \.....,- I , , I I I L_ . - - ..., ".......\.Er ,.--II , , , , , .. ,J iii. " ~ , ~ , ~ ---, { --~f- \ I Oll..",GE \ l \ I \ , \J "0. .a o lD , /1fJrtt LDT:SBIBUXTONITRANSDIF.NAR -46- 052093 I. II. III. IV. V. SAN MIGUEL ROAD BONITA ROAD TO STATE ROUTE 125 COST ESTIMATE Estimate June 1992 Surface Improvements $ 1,201,000 15 % Contingency 180.100 Subtotal $ 1,381,100 6 % Design 82,900 6 % Inspection & Administration 82.900 Subtotal $ 1,546,900 2 % DlF Project Administration 27 .600 TOTAL $ 1,574,500 USE $ 1.574,500 1. This project is to be jointly financed by the Eastern Area Transportation DlF Program and the SR-125 DlF program. 2. Cost estimate represents the portion of the street being included in the Eastern Area Transportation DIF Program. /f!3 ~t! -47- 052093 LDT,SB/BUXTON/TRANSDIF .NAR PROJECT NO. 14 EAST "H" STREET STATE ROUTE 125 TO MT. MIGUEL ROAD Project Description: Construct East "H" Street from State Route 125 to future San Miguel Road as a six lane prime street (104 feet curb to curb). Improvements to include grading, pavement, curb and gutter, sidewalks. raised landscaped median, and street lighting. Cost Estimate: Project complete. Project Location: ci II: (", , , ,--, ~ 1 ; ---J , , ,-J .,- -" , \ .,-" , '" , , , , , L__ -.., ",,\.\.E)- /' , , , , , It ,J / 1>. ~ I S , ~ I ,...--'\ I --~E. \ I O~ANGE \ (' \ I \ , \1 lt~. ~o. '" o !Il I , EAS" Jt/g~70 LDT:SBfBUXTONITRANSDlF .NAR -48- 052093 EAST "B" STREET STATE ROUTE 125 TO MT. MIGUEL ROAD COST ESTIMATE (See Project No.8) /11)/7/ LDT:SB/BUXTONITRANSDIF .NAR -49- 052093 PROJECT NO. 15 PROCTOR V ALLEY ROAD (EAST H STREET) MT. MIGUEL ROAD TO HUNTE PARKWAY Project Description: Construct Proctor Valley Road from Mt. Miguel Road to Hunte Parkway as a six lane prime street (104 feet curb to curb). Improvements to include grading, pavement, curb and gutter, sidewalks, raised landscaped median, and street lighting. Cost Estimate: Phase I $5,377,000 Proiect Location: ci II: (", , ' ~--, c... : , ---J , , r-J ...- -" I 'y....... I I I , , , L__ -..., -.j~\..\.El- ,--I' I I , I I ,,0... ,J " 'lI- ;r , ~ : . "'"'.... -, , _....~E- \ I O""NGE \ l \ , \ , \J '" o .. , )'-Ij-7A LDT,SBIBUXTONITRANSDIF.NAR -50- 052093 PROCTOR VALLEY ROAD (EAST "H" STREET) MT. MIGUEL ROAD TO HUNTE PARKWAY COST ESTIMATE Estimate June 1992 I. Surface Improvements $ 4,102,000 II. 15 % Contingency 615.000 Subtotal $ 4,717,000 III. 6 % Design $ 283,000 IV. 6 % Inspection & Administration 283.000 Subtotal $ 5,283,000 V. 2 % DIF Project Administration $ 94.000 TOTAL $ 5,377,000 USE $ 5.377.000 )tjfj-73 LDT,SB/BUXTON/TRANSDIF .NAB -51- 052093 PROJECT NO. 16 EAST ORANGE AVENUE OLEANDER A VENUE TO EASTERN SUNBOW BOUNDARY Project Description: Construct East Orange Avenue as a six lane lane prime arterial (104 feet curb to curb), from Oleander Avenue to the eastern SUNBOW boundary. Improvements to include grading, pavement, drainage facilities, curb,' sidewalks, landscaping, and street lighting. Cost Estimate: $6,266,000 Project Location: Q II: ("" , " ..--, t, : r ---J I : ,J \ ",--' , , ",'" , v , I , , , L_..._ .., ./, I ~o. I , , I ,J / , , I , ( \ (' \ , \ , , I \; 1,-/1--7'-/ III o .. I - , E"'s" , I...-__.l LDT:SBIBUXTONITRANSDIF .NAR -52- 052093 EAST ORANGE AVENUE OLEANDER AVENUE TO EASTERN SUNBOW BOUNDARY COST ESTIMATE Estimate June 1992 I. Surface Improvement $ 4,779,000 II. 15 % Contingency 717,000 $ 5,496,000 III. 6 % Design $ 329,800 IV. 6% Inspection and Administration 329,800 Subtotal $ 6,155,600 V. 2 % DIF Administration $ 109,900 TOTAL $ 6,265,500 USE $ 6.266.000 , / I t/ 1"?.7 LDT,SB/BUXTON/TRANSDIF .NAR -53- 052093 PROJECT NO. 17 EAST PALOMAR STREET 1-805 TO EASTERN SUNBOW BOUNDARY Project Description: Construct East Palomar Street from 1-805 to the eastern SUNBOW boundary as a four lane major street (80 feet curb to curb). Improvements to include grading, pavement, drainage, curb, sidewalks, landscaping, and street lighting. Cost Estimate: $6,782,000 Project Location: Q II: (^, I ' ...--, t, ! · ---J I : ,-J ,,""'-' , \ ," I v , , I I I L__ -..., // ~D. , , , , It ,J " ". ~ , S , ~ _....-, { --~~ \ ( OIl"'IlGE \ t' \ , \ , \1 ... o .. I 1'13 ~7~ LDT:SBIBUXTONrrRANSDIF .NAR -54- 052093 EAST PALOMAR STREET 1-805 TO EASTERN SUNBOW BOUNDARY COST ESTIMATE Estimate June 1992 I. Surface Improvements $ 1,520,000 Grading 2,078,000 Dry Utilities 982,000 Traffic Signal 312,000 Landscape 281.000 Subtotal $ 5,173,000 II. 15% Contingency $ 776.000 Subtotal $ 5,949,000 III. 6 % Design $ 357,000 IV. 6 % Inspection and Administration 357.000 Subtotal $ 6,663,000 V. 2 % DIF Administration $ 119.000 TOTAL $ 6,782,000 USE ~ 6.782.000 /t/!J-77 LDT:SBIBUXTQNITRANSDIF .NAR -55- 052093 PROJECT NO. 18 PHASE IV TELEGRAPH CANYON ROAD EASTERN BOUNDARY OF EASTLAKE I TO HUNTE PARKWAY Project Description: Widen Telegraph Canyon Road from eastern Boundary of Eastlake I to Hunte Parkway to a six-lane prime street (104 feet curb to curb). Improvements to include grading, pavement, drainage facilities, curb, sidewalk, and street lighting. Improvements will require additional land acquisition. Cost Estimate: Project complete. Project Location: ci II: (", , , ,--, ~ 1 ; --....J , , ,-J \ ,- -" , \ " , Y I I , , , L__ -.., // , I , I It ,J JIi. / ~ , S , ~ "W ...."'" I ....- , , -""~E- \ I OIU'IlGE \ l \ , \ , \J ",0. life -?y LDT,SBIBUXTON/TRANSDlF .NAR -56- 052093 I. II. PHASE IV TELEGRAPH CANYON ROAD EASTERN BOUNDARY OF EASTLAKE I TO HUNTE PARKWAY COST ESTIMATE Construction Costs & Incidentals 2 % DIF Support TOTAL 1) Final Cost is from Eastlake Greens Assessement District No. 90-3. Jifj/7j LDT:SBfBUXTON/TRANSDIF .NAR -57- Estimate January 1992 $ 3,320,748 67.770 $ 3,388,518 052093 PROJECT NO. 19 EASTLAKE PARKWAY TELEGRAPH CANYON ROAD TO EASTLAKE HIGH SCHOOL SOUTHERN BOUNDARY Project Description: Construct EastIake Parkway from Telegraph Canyon Road to EastIake High School Southern Boundary as a four-lane major street (80 feet curb to curb). Improvements to include grading, pavement, drainage facilities, curb, sidewalk, landscaping, and street lighting. Cost Estimate: Project complete. Project Location: c:i II: (", , ' ...--, ~ f , ---J , , , ,-J ,.... -' , \,...... , , , , , , L__ -., , , , , , , ,J ,/ , , I , I I' \ , \ , , , \; /1 f) /''50 LDT,SBIBUXTON/TRANSDIF.NAR -58- OS2093 I. II. EASTLAKE PARKWAY TELEGRAPH CANYON ROAD TO EASTLAKE HIGH SCHOOL SOUTHERN BOUNDARY COST ESTIMATE Total construction cost & incidentals 2 % DIF Support TOTAL 1. Final cost is from Eastlake Greens Assessment District 90- 3 . LDT:SB/BUXTONITRANSDIF .NAR /1(5/2/ -59- Estimate October, 1991 $ 1,845,963 37.673 $ 1,883,636 052093 PROJECT NO. 20 HUNTE PARKWAY PROCTOR V ALLEY ROAD TO TELEGRAPH CANYON ROAD Project Description: Construct Hunte Parkway from Proctor Valley Road to Telegraph Canyon Road as a four-lane major street (80 feet curb to curb). Improvements to include grading, pavement, drainage facilities, curb, sidewalk, street lighting, and right-of-way acquisition. Cost Estimate: $4,395,000 Project Location: ci 0: (^', I ' _-, L, 1 ,. ---J I : ,...J \ ",,--" I \ "","" I Y I I I I I L__ -.., ,.II I I I I I r1 ,/ , , I , , \ t' \ I \ , \ I \; '" o lD I IL(fJ / fJ LDT:SBIBUXTONrrRANSDIF .NAR -60- 052093 HUNTE PARKWAY PROCTOR V ALLEY ROAD TO TELEGRAPH CANYON ROAD COST ESTIMATE Estimate June 1992 TOTAL $ 2,669,700 400.300 $ 3,070,000 $ 184,200 184,200 $ 3.438.400 $ 895,000 $ 61.400 $ 4,394,800 $ 4.395.000 I. Public Improvements II. 15 % Contingency Subtotal III. 6% Design IV. 6 % Inspection and Administration Subtotal V. Right-of-way acquisition VI. 2% DIF Administration USE 1. Cost estimate includes right-of-way acquisition for the portion off-site of Salt Creek Ranch. I 'f(J-- 2f i LDr:SB/BUXTONITRANSDlF.NAR -61- 052093 PROJECT NO. 21 HUNTE PARKWAY TELEGRAPH CANYON ROAD TO CLUB HOUSE DRIVE Project Description: Construct Hunte Parkway from Telegraph Canyon Road to Club House Drive as a four lane major street (80 feet curb to curb). Improvements to include grading, pavement, drainage facilities, curb, sidewalk, and street lighting. Cost Estimate: Project complete. Project Location: c:i II< ^ ( " , ) ...--, ~ , , --....J , : ,-J \ ",--' , , ",'" , Y I , , , , L__ -.., /' , , , , , ,J ~o. \ E"S'T .. ". ~ ~ ~ _""\ -"'" , _-~E. \ OR"tlGE \ J \ ( \ ' , \ \l ~ o !>> , - \ 7' \ E'I.E'GRAP~ ( ) '-/!S -fJ5 LDT:SBiBUXTONrrRANSDIF .NAR -62- 052093 HUNTE PARKWAY TELEGRAPH CANYON ROAD TO CLUB HOUSE DRIVE COST ESTIMATE Estimate November 1991 TOTAL $ 1,226.273 25.026 $ 1,251,299 I. II. Total construction cost & incidentals 2 % DIP Support 1. Pinal cost is from Eastlake Greens Assessment District 90-3. ) Lj!J -7& LDT,SB/BUXTONITRANSDlF .NAR -63- 052093 PROJECT NO. 21A HUNTE PARKWAY CLUB HOUSE DRIVE TO EAST ORANGE AVENUE Project Description: Construct Hunte Parkway from Club House Drive to East Orange A venue as a four lane major street (80 feet curb to curb). Improvements to include grading, pavement, drainage facilities, curb, sidewalk, and street lighting. Cost Estimate: $1,250,000 Project Location: ci ac '" ( " , ) r--' ~ , , --...J , , r-J ",,---' , \..,;'" , I , , , , L__ -...., 'IP-\,.\.E)- ".-II I , , , , It ,J !Ii. / ~ , Ik ' "W _"'" I ....- , l _....~E. \ I ORANGE \ t' \ I \ l \J RO. III o .. , - \ EP-S~ /t/!3 -~? LDT;SB/BUXTONrrRANSDIF .NAR -64- 052093 HUNTE PARKWAY CLUB HOUSE DRIVE TO EAST ORANGE AVENUE COST ESTIMATE Estimate June 1992 I. Public Improvement $ 953,800 II. 15 % Contingency 143.800 $ 1,096,600 III. 6% Design $ 65,800 IV. 6% Inspection and Administration 65.800 Subtotal $ 1,228,400 V. 2 % DIF Administration 22.000 TOTAL $ 1,250,400 USE $ 1.250.000 J'-/ (j ~g2f LDT:SB/BUXTON/TRANSDIF .NAR -65- 052093 PROJECT NO. 22 EAST ORANGE AVENUE EASTLAKE PARKWAY TO HUNTE PARKWAY Project Description: Construct East Orange A venue as a six lane lane prime arterial (104 feet curb to curb), from Eastlake Parkway to Hunte Parkway. Improvements to include grading, pavement, drainage, curb, sidewalk, landscaping, and street lighting. Cost Estimate: $6,356,000 Project Location: ,,0. (", , , ..--, ~ '] · ---J , : ,-J , , , , , , , L_ . - - ..., /" , , , , , ,J / , , I , I \ l \ I \ , \ , \; - Q a: ......'" \ \ ,,"" - , \ ,,;-' v '" o '" , - ORANGE Jye -Yi LDT,SBIBUXTONrrRANSDlF .NAR -66- 052093 EAST ORANGE AVENUE EASTLAKE PARKWAY TO HUNTE PARKWAY COST ESTIMATE Estimate June 1992 I. Public Improvements $ 4,847,400 II. 15 % Contingency $ 727.000 Subtotal $ 5,574,400 III. 6% Design $ 334,500 IV. . 6% Inspection and Administration 334.500 Subtotal $ 6,243,400 V. 2 % DIF Administration $ 112.000 TOTAL $ 6,355,500 USE $ 6.356.000 / '-I(J -; () LDT,SB/BUXTON/TRANSDlF .NAR -67- 052093 PROJECT NO. 23 PASEO RANCHERO TELEGRAPH CANYON ROAD TO EAST ORANGE AVENUE PHASE I Project Description: Construct Paseo Ranchero from Telegraph Canyon Road to East Orange A venue as a six lane lane prime arterial (104 feet curb to curb). Improvements to include grading, pavement, drainage, curb, sidewalk, landscaping, and street lighting. This project is to be constructed in two phases. Only Phase I is included in this report. Cost Estimate: Phase I $3,388'000 . Project Location: ci II: (", , ' ,.--, . a, 1 , --...J , , ,-J ,""-' , \ .,;'" , y , , , , , L__ -..., ""....\.Ei- /' , , , , , ,,0. It ,J ~. " .~ , ~ ' ~ .........-, { _.....~E- \ C OIl"NG~ \ l \ , \ , V Q o CD I /t!!l/ I / LDT:SBIBUXTONfTRANSDIF .NAR -68- 052093 PASEO RANCHERO TELEGRAPH CANYON ROAD TO EAST ORANGE AVENUE PHASE I COST ESTIMATE Estimate June 1992 I. Public Improvements $ 2,584,000 II. 10% Contingency 387 .600 Subtotal $ 2,971,600 III. 6 % Design $ 178,300 IV. 6 % Inspection and Administration 178.300 Subtotal $ 3,328,200 V. 2 % DIF Administration $ 59.400 TOTAL $ 3,387,600 USE $ 3.388.000 1. Original project was extended to the south to the new DIF boundary (proposed East Orange Avenue Alignment). 2. Phase I cost estimate is for full grading, full landscaped median, 32 feet of pavement each way and sidewalk. Phase II will be included later when additional development warrants the construction of the required improvements to complete a six lane facility. / ~/!J ~9:J- LDT:SBIBUXTON/TRANSDIF .NAR -69- 052093 PROJECT NO. 24 EAST ORANGE AVENUE EASTERN SUNBOW BOUNDARY TO EASTLAKE PARKWAY Project Description: Construct East Orange Avenue from Eastern Sunbow boundary to EastIake Parkway as a six lane prime arterial (104 feet curb to curb). Improvements to include grading, pavement, drainage facilities, curb, sidewalk, landscaping, and street lighting. Cost Estimate: $7,272,000 Project Location: ci & (^', , ' ...--, ~ : · ---J I : r-J ",--' , \ ,;'" , v 1 1 , 1 , L__ -.., /' 1 1 1 1 1 ,J / , , I .\ I \ t' \ I \ \ \ I \) ~ o .. , - L. ' ....--l IllfJ -j) LDT,SBIBUXTONITRANSDlF.NAR -70- 052093 EAST ORANGE AVENUE EASTERN SUNBOW BOUNDARY TO SR-125 COST ESTIMATE Estimate June 1992 I. Public Improvements (includes contingency) $ 6,379,000 6 % Design $ 382,700 6 % Inspection and Administration 382.700 Subtotal $ 7,144,400 2 % DIF Administration $ 127.600 TOTAL $ 7,272,000 USE ~ 7.272.000 II. III. IV. 1) This project is to be jointly fmanced by the Eastern Area Transportation DIF Program and the Interim SR-125 fee program. 2) Cost estimate represents the portion of the street being included in the Eastern Area Transportation DIF Program. ;ltJ-7i LDT:SB/BUXTON/TRANSDIF .NAR -71- 052093 PROJECT NO. 25 EAST ORANGE AVENUE INTERSTATE 805 INTERCHANGE Project Description: Provide operational improvements at the interchange of Interstate 805 and East Orange Avenue. Improvements to include ramp widening, intersection widening and traffic signal installation east and west of the freeway. Cost Estimate: $4,064,000 Project Location: ci tI: (", I " ..._-, t, 1 . ---J I : ,-J \ ...--' , \ ,,'" , v , , , , , L__ -., /' , , , , I ,J / , \ I , C \ t' \ , \ , \ , 'J ~o. ~ o ~ I * 1/7 q"""- / L/:./ - 1-> LDT:SBfBUXTON1TRANSDlF .NAR -72- 052093 EAST ORANGE AVENUE INTERSTATE 805 INTERCHANGE COST ESTIMATE Estimate June 1992 I. Total Construction Cost (Includes Contingency) $ 2,860,000 II. Preliminary Engineering 630,000 III. Construction Engineering 403.000 Subtotal $ 3,893,000 IV. 4 % Administration $ 114,000 V. 2 % DIF Project Administration $ 57,000 TOTAL $ 4,064,000 USE $ 4.064,000 ) t/(J -'} '" LDT:SB/BUXTONITRANSDIF .NAR -73- 052093 PROJECT NO. 26 EAST PALOMAR STREET EASTERN SUNBOW BOUNDARY TO PASEO RANCHERO. Project Description: Construct East Palomar Street to a four lane major street (80 feet curb to curb) from the eastern Sunbow boundary to Paseo Ranchero. Improvements to include grading, pavement, drainage facilities, curb, sidewalk, landscaping, and street lighting. Cost Estimate: $3,120,000 Project Location: Q a: (A, , , ,--, ~ : ; --....I , , r-J ,--' , \ ".' , \.0 , , , , , L__ -., /1 , , , , ~o. ~ ,.1 Ji. / ~ , S , ~ I _""",-, I --~f- \ I OIl..llGt: \ l \ I \ , V oil o lD , jiL/!J-j7 LDT:SBIBUXTONrrRANSDIF .NAR -74- 052093 EAST PALOMAR STREET EASTERN SUNBOW BOUNDARY TO PASEO RANCHERO COST ESTIMATE Estimate June 1992 I. Public Improvements $ 2,380,000 II. 15 % Contingency $ 357 .000 Subtotal $ 2,737,000 III. 6 % Design $ 164,000 IV. 6 % Inspection and Administration 164.000 Subtotal $ 3,065,000 V. 2 % DIF Administration $ 55.000 TOTAL $ 3,120,000 USE $ 3.120,000 /L/(J-i;5 LDT:SB/BUXTONITRANSDIF .NAR -75- 052093 PROJECT NO. 27 EAST PALOMAR STREET ThITERSTATE805ThITERCHANGE Project Description: Construct a half diamond interchange on Interstate 805 at Palomar Street (with ramps to and from the north). Improvements to include intersection widening, grading, pavement, drainage facilities, landscaping, traffic signal installation, and right-of-way acquisition. Cost Estimate: $2,673,000 - . -..... ---...:--. .. II: l', , " ..._-, ~ 1 f --....J , : ,...J .,- - ~ , \ .,." , '" I , , , , L_ . -- .., /: , , , , It ,.J / ". 'II.., , ~ \ ~ ....--""'\ { _....~~ \, OIl"NGE \ I \ I \ ' \ , \J * \VS'I' /L/IJ -9; LDT:SBfBUXTONn'RANSDIF .NAR -76- 052093 EAST PALOMAR STREET INTERSTATE 805 INTERCHANGE COST ESTIMATE Estimate June 1992 I. Public Improvement $ 1,047,600 II. 15% Contingency 157.000 Subtotal $ 1,204,600 III. 6 % Design $ 72,000 IV. 6 % Inspection and Administration 72.000 Subtotal $ 1,348,600 V. Right of Way Acquisition $ 1,300,000 VI. 2 % DIF Administration $ 24.000 TOTAL $ 2,672,600 USE $ 2.673.000 Jf!J---J()tJ LDT:SB/BUXTONrrRANSDIF .NAR -77- 052093 PROJECT NO. 28 TELEGRAPH CANYON ROAD HUNTE PARKWAY TO WUESTE ROAD Project Description: Construct Telegraph Canyon Road from Hunte Parkway to Wueste Road as a four-lane major street (80 feet curb to curb). Improve- ments to include grading, pavement, drainage improvements, curb, sidewalk, landscaping, and street lighting. Cost Estimate: $3,114,000 Project Location: ci a:: (^', , ' ,.--, L, 1 , --...J , , ,...J ",,--' , \ .;"" y I I , I I I L__ -..., "...,,\..Ei- /' , , , , , ,J ",0. , EI'S1' It ,.- ~ ~ ~ . ,...,...-, -,...~E. \ OIlI'NGE \ , \ f \ I \ , \l F/6-)O( LDT:SBIBUXTONITRANSDIF .NAR -78- 052093 TELEGRAPH CANYON ROAD HUNTE PARKWAY TO WUESTE ROAD COST ESTIMATE Estimate June 1992 I. Public Improvement $ 2,375,000 II. 15 % Contingency --- 356.000 Subtotal $ 2,731,000 III. 6% Design $ 164,000 IV. 6% Inspection and Administration 164.000 Subtotal $ 3,059,000 V. 2 % DIF Administration $ 55.000 TOTAL $ 3,114,000 USE $ 3.114.000 Ii!] - /()d-.- LDT,SBIBUXTON/TRANSDIF.NAR -79- 052093 PROJECT NO. 29 EAST ORANGE AVENUE HUNTE PARKWAY TO THE OLYMPIC TRAINING CENTER Project Description: Construct East Orange Avenue from Hunte Parkway to the Olympic Training Center entrance as a four-lane major street (80 feet curb to curb). Improvements to include grading, pavement, drainage facilities, curb, sidewalk, landscaping, and street lighting. Cost Estimate: $5,104,000 Project Location: .. a: " ( " I ) ...--, ~ , , ---J , : ,-J \ ",--'" , \ ",'" , " , I , , , L_ . -- .., \/I'\.oI..E)- /: I , , I ,..J / , , I , I \ " \ I \ , \ I \; ltD. .. o .c , /16 ---JOY LDT:SB/BUXTONrrRANSDIF .NAR -80- 052093 EAST ORANGE AVENUE HUNTE PARKWAY TO THE OLYMPIC TRAINING CENTER COST ESTIMATE Estimate June 1992 I. Public Improvement $ 3,892,900 II. 15 % Contingency 583.900 Subtotal $ 4,476,800 III. 6 % Design $ 268,600 IV. 6 % Inspection and Administration 268.600 Subtotal $ 5,014,000 V. 2 % DIF Administration $ 89.500 TOTAL $ 5,103,500 USE $ 5.104,OQ.0 1) Cost estimate includes transition from four-lane major to Class I collector in the vicinity of East Orange A venue access to the Olympic Training Center. Jt-/!J ~/t/i LDT,SB/BUXTONITRANSDIF .NAR -81- 052093 PROJECT NO. 30 TELEGRAPH CANYON ROAD SR-125 TO EASTLAKE PARKWAY Project Description: Widening of Otay Lakes Road from SR-125 toEastlake Parkway from a six-lane prime arterial to an eight-lane prime arterial (128 feet curb to curb). Improvements to include grading, pavement, drainage facilities, curb and gutter, sidewalk, landscaping, and adjustment/relocation of existing utilities. Project also includes intersection improvements and traffic signal modifications. Cost Estimate: $1,493,900 Project Location: ci II: l', , , ,.--, t, 1 ~~ --~ , \ : ,-J \ ,.--' , \ ,." , v , , , , , L_ . ----, /1 , , , , ,,0. It ,J / "'. ~ I S , ~ I .... ,...-...., I _-~E. \<< o,,"IlG~ \ t' \ , \ , \J .-/ J 1 {J -)tJp LDT:SBIBUXTONrrRANSDIF .NAR -82- OS2093 TELEGRAPH CANYON ROAD SR-125 TO EASTLAKE PARKWAY COST ESTIMATE Estimate June 1992 I. Public Improvements $ 1,139,600 II. 15 % Contingency $ 170.900 Subtotal $ 1,310,500 III. 6% Design $ 78,600 IV. 6% Inspection and Administration 78.600 Subtotal $ 159,200 V. 2 % DlF Administration $ 26.200 TOTAL $ 1,493,900 USE $ 1,493.900 !Lj[!-ltJ~ LDT:SB/BUXTON/TRANSDIF .NAR -83- 052093 PROJECT NO. 31 EASTLAKE PARKWAY FENTON STREET TO TELEGRAPH CANYON ROAD Project Description: Widening of Eastlake Parkway from Fenton Street to Telegraph Canyon Road from a four-lane major street to a six-lane prime arterial (104 feet curb to curb). Improvements to include grading, pavement, drainage facilities, curb, sidewalk, landscaping, and adjustment/relocation of e~isting utilities. Cost Estimate: $980,400 Project Location: c::i II: ("', , ' ...--, t, 1 · ---J , : ,-J ,- - '" , , " , y , I , , , L__ -..., ,.I' , I , , I ,J ~ o .I" , )f!J~JtJ7 LDT,SBIBUXTONITRANSDlF.NAR -84- 052093 EASTLAKE PARKWAY FENTON STREET TO TELEGRAPH CANYON ROAD COST ESTIMATE Estimate June 1992 I. Public Improvements $ 747,800 II. 15 % Contingency $ 112.200 Subtotal $ 860,000 III. 6% Design $ 51,600 IV. 6% Inspection and Administration 51. 600 Subtotal $ 103,200 V. 2 % DIF Administration $ 17.200 TOTAL $ 980,400 USE $ 980,400 )18-/07 LDT:SB/BUXTONfTRANSDIF .NAR -85- 052093 PROJECT NO. 32 EAST "B" STREET INTERSTATE 805 TO HIDDEN VISTA DRIVE Project Description: Widening of East "W Street from 1-805 to Hidden Vista Drive to an eight lane prime arterial (128 feet curb to curb). Improvements to include grading, pavement, retaining wall, drainage facilities, curb, gutter, sidewalk, landscaping, and adjusting/relocation of existing utilities. Project also includes intersection improvements at the Hidden Vista Drive intersection. Cost Estimate: $901,000 Project Location: ci a: (^', I ' ..--, ~ [ ; --....J I I ,-J \ ",- -" I \ ",' I y , , I I I L__ -.., ,,~\,.\.Er /' , , I , , ,,0... ,.J / .. ~ , So , ~ I . ....--, , _....~f- \ ( O"",NGE \ t' \ , \ , \J o o .. l - /~/!f~J!)1 LDT:SBIBUXTONITRANSDIF.NAR -86- 052093 EAST "H" STREET INTERSTATE 805 TO HIDDEN VISTA DRIVE COST ESTIMATE Estimate June 1992 I. Public Improvements $ 687,100 II. 15 % Contingency $ 103.100 Subtotal $ 790,200 III. 6 % Design $ 47,400 IV. 6 % Inspection and Administration 47 .400 Subtotal $ 885,000 V. 2 % DIF Administration $ 15.800 TOTAL $ 900,800 USE ~ 901,000 J1-/!l~J/;J LDT:SB/BUXTONITRANSDIF .NAR -87- 052093 PROJECT NO. 33 OTAY LAKES ROAD BONITA ROAD INTERSECTION Project Description: Improve the intersection at Bonita Road and Otay Lakes Road. Improvements include widening the westbound approach of Bonita Road to provide an additional left turn lane. Cost Estimate: $105,000 Project Location: c:i Cl: ^ ( " , ) ..._-, ~ I , ---J , : ,-J \ ;0--' , \ ",,;0 , Y , , , , , L__ --, /' , , , , , ,J / , , I , << \ l \ I \ , \ I \; '" o '" , /y!5 ~I / / LDToSBIBUXTONrrRANSDlF.NAR -88- 052093 OTA Y LAKES ROAD BONITA ROAD INTERSECTION COST ESTIMATE Estimate June 1992 I. Public Improvements $ 75,000 II. 15 % Contingency $ 11.300 Subtotal $ 86,300 III. 10% Design $ 8,600 IV. 10% Inspection and Administration 8.600 Subtotal $ 103,500 V. 2 % DIF Administration $ 1.700 TOTAL $ 105,200 USE $ 105,000 ;13-1/2 LDT:SB/BUXTQNrrRANSDIF.NAR -89- 052093 PROJECT NO. 34 OTAY LAKES ROAD ELMHURST DRIVE INTERSECTION Project Description: Widening of northbound and southbound approaches to Otay Lakes Road to provide an additional through lane in each direction and dual left turn northbound. Cost Estimate: $70,000 Project Location: ci II: (", , " ...--, ~ ! · ---J , , , ,-J \ ",--" , \ ,'" , "" , , , , , L__ -..., 'I I>-"\.. E;- /' , , , , , ,J / , , I , , \ l \ , \ , \ , \) '" o .~ , /LJ(!-j IJ LDT,SBIBUXTONITRANSDlF.NAR -90- 052093 OTA Y LAKES ROAD ELMHURST DRIVE INTERSECTION COST ESTIMATE Estimate June 1992 I. Public Improvements $ 50,000 II. 15 % ~ontingency $ 7.500 Subtotal $ 57,500 III. 10 % Design $ 5,800 IV. 10 % Inspection and Administration 5.800 Subtotal $ 69,100 V. 2 % DIF Administration $ 1.200 TOTAL $ 70,300 USE $ 70,000 1) Cost estimate from Salt Creek Ranch Public Facilities Financing Plan /tJ8 -) /i LDT:SB/BUXTON/TRANSDIF .NAR -91- 052093 PROJECT NO. 35 EAST "B" STREET OTAY LAKES ROAD INTERSECTION Project Description: Widening of eastbound and westbound approaches of East "B" Street to provide an additional through lane in each direction. Cost Estimate: $221,000 Project Location: o '" (", , , ,..--, ~ f , --...,J I \ ' r-J , ........--' , ,,'" , , , , , , L__ -.., "",-\oE;. ,--i' , , , , , ~o. ~ ~ ". / ~ I I: ' ~ ....--, { - -""",,~ \ I ORANGE \ t' \ I \ , \1 J1v//~ LDT,SB/BUXTONrrRANSDlF.NAR -92- 052093 EAST "H" STREET OTAY LAKES ROAD INTERSECTION COST ESTIMATE Estimate June 1992 1. Public Improvements $ 160,000 11. 15 % Contingency $ 24.000 Subtotal $ 184,000 III. 9 % Design $ 16,500 IV. 9% Inspection and Administration 16.500 Subtotal $ 217,000 V. 2 % DlF Administration $ 3.700 TOTAL $ 220,700 USE $ 221,000 1) Cost estimate from Salt Creek Ranch Public Facilities Financing Plan li(j ///~ LDT:SB/BUXTONffRANSDIF .NAR -93- 052093 PROJECT NO. 36 TRAFFIC SIGNAL INTERCONNECTION (EASTERN TERRITORIES) Project Description: Interconnect all traffic signals in the eastern territories to provide a suitable progression for through traffic along the major circula- tion streets. Installation of a centralized computer system to monitor and coordinate the traffic signal operation in the eastern territories and to optimize the timings at all intersections to provide for an efficient traffic operation and reduced delays. Cost Estimate: $138,000 Project Location: Major circulation facilities in the Eastern Territories. c:i a: (", I ' ..._-, ~ 1 · ---J , : r-J \ ",- -" , \ ",'" , "" , , , I , L__ -.., /' , , , , , ,J RD. ~D. \ E~S" It 1>. ~ , ~ \ "W ........-, t _....~f.. \<< OR-.llGE \ I \ ( \ ' \ , \l 111 o '" I Jl/IJ --//? LDT:SBIBUXTONITRANSDIF .NAR -94- 052093 TRAFFIC SIGNAL INTERCONNECTION (EASTERN TERRITORIES) COST ESTIMATE Estimate June 1992 I. Public Improvements $ 100,000 II. 15% Contingency $ 15.000 Subtotal $ 115,000 III. 9% Design $ 10,350 IV. 9% Inspection and Administration 10.350 Subtotal $ 135,700 V. 2 % DIF Administration $ 2.300 TOTAL $ 138,000 USE $ 138.000 1) Cost estimate from Salt Creek Ranch Public Facilities Financing Plan /Ljj?-//% LDT,SB/BUXTONITRANSDIF .NAR -95- 052093 PROJECT NO. 37 EASTLAKE PARKWAY EASTLAKE HIGH SCHOOL SOUTHERN BOUNDARY TO EAST ORANGE AVENUE Project Description: Construct Eastlake Parkway from Eastlake High School southern boundary to East Orange Avenue as a four lane major street (80 feet curb to curb). Improvements to include grading, pavement, drainage facilities, curb, sidewalk, landscaping and street lighting. Cost Estimate: $887,500 Project Location: ci II: (", , ' ...--, L, 1 , ---J , : ,-J \ ...--' , \ ....... , v I I , , , L__ -.., /' I I I I I ,.J / , , I I ( i \ , \ , \ , V '" o .. , /'-/!J / /J~ LDT,SBIBUXTONITRANSDIF.NAR -96- 052093 EASTLAKE PARKWAY EASTLAKE HIGH SCHOOL SOUTHERN BOUNDARY TO EAST ORANGE AVENUE COST ESTIMATE Estimate June 1992 1. Public Improvements $ 667,000 II. 15 % Contingency $ 101.500 Subtotal $ 778,500 III. 6 % Design $ 46,700 IV. 6% Inspection and Administration 46.700 Subtotal $ V. 2 % DIF Administration $ 15.600 TOTAL $ 887,500 USE $ 887 .500 1) This project is to be jointly financed by the Eastern Area Transportation DIF Program and the SR-125 DIF program. 2) Cost estimate represents the portion of the street being included in the Eastern Area Transportation DIF Program. o lig /I)..() LDT:SBfBUXTONITRANSDIF .NAR -97- 052093 PROJECT NO. 38 EAST "H" STREET PASEO DEL REV TO TIERRA DEL REV Project Description: Widen East "H" Street from Paseo Del Rey to Teirra del Rey to provide operational improvements at Paseo Del Rey and Avila Way intersections. Improvements to include grading, pavement, curb and gutter, and sidewalk. Project includes: Construction of right turn lanes on north side of East "R" Street Construction of right turn lane to Paseo Del Rey on south side of East "H" Street Widening of East "H" Street from Paseo del Rey to Tierra Del Rey intersection Cost Estimate: $682,000 Project Location: ci II: (", , ' ,..--, L, ! , ---.J , I ,-J \ .,.--' I \......,. , , , I , , L__ -~ ,,~....\..Er ,-II , I I , , It ,J )00. / ~ , S , .", "W _"'" I .....- , , _.....~E- \ I ORANGE \ l \ I \ , V '10. ,",0. '" o II , )I!J/)~J LDT,SBIBUXTON/TRANSDlF.NAR -98- 052093 EAST "H" STREET PASEO DEL REV TO TIERRA DEL REV COST ESTIMATE Estimate June 1992 I. Public Improvements $ 520,000 II. 15 % Contingency $ 78.000 Subtotal $ 598,000 III. 6% Design $ 35,900 IV. 6% Inspection and Administration 35.900 Subtotal $ 669,800 V. 2 % DIF Administration $ 12.000 TOTAL $ 681,800 USE $ 682.000 1) Cost estimate is from Rancho Del Rey Partnership. ) i/? ~ /~.2 - LDT:SBIBUXTONITRANSDlF.NAR -99- 052093 PROJECT NO. 39 BONITA ROAD INTERSTATE 805 TO PLAZA BONITA ROAD Project Description: Widening of the north side of Bonita Road from 1-805 to Plaza Bonita Road to provide a right turn lane for the freeway. Improve- ments include: grading, pavement, drainage facilities, curb and gutter, sidewalk, landscaping, and relocation of existing utilities. Cost Estimate: $270,000 Project Location: - ( " I ) ,..--1 t, , --....J I , I ,-J ,,""" - ~ , \ .,,; I y , , I I I L__ -..., >/,.....\.E/- /' , , , , , ,J ,,0. '" o !D I - It Joi. ~ I: "W _"'" ,...- , _-~E- \ OR"llG~ \ J \ I \ I \ , \1 JL!iJ - /~] LDT:SBIBUXTONrrRANSDIF.NAR -100- 071393 BONITA ROAD INTERSTATE 805 TO PLAZA BONITA ROAD COST ESTIMATE Estimate June 1992 I. Public Improvements $ 199,000 II. 15 % Contingency $ 29.800 Subtotal $ 228,800 III. 8 % Design $ 18,300 IV. 8 % Inspection and Administration 18.300 Subtotal $ 265,400 V. 2 % DIF Administration $ 4.600 TOTAL $ 270,000 USE ~ 270.000 /1:6 ~ /11 LDT:SBIBUXTONITRANSDIF.NAR -101- 071393 PROJECT A DIF PROGRAM SUPPORT Project Description: Four percent of the total estimated cost for projects 1 through 39 shall be designated for support of the DIF program. This includes consultant's fees for annual updates of the report and the funding of further studies or administration that might be necessary. 1) DIF program support percentage has been increased from 2% to 4% to reflect actual costs incurred in performing general administration activities and studies. 1/1-/)5 LDT:SB/BUXTONITRANSDIF .NAR -102- 052093 LDT:SB/BUXTONITRANSDIF .NAR APPENDICES Ordinance Nos. 2251,2289,2349, and 2431 /tJ!f..- /.l(P -103- 052093 ~ . OJ .. .,. 0" ..., , . ., Revised 1/7/83 '. ORDINANCE NO. 2251 ~ '- AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, ESTABLISHING A DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES WHEREAS, the City's General Plan Land Use and Circulation Elements require that adequate, safe transportation facilities be available to accommodate the increased traffic created by new development, and' WHEREAS, the City Council has determined that new development within the Eastern Territories will create adverse impacts on the City's transportation system which must be mitigated by the financing and construction of certain transportation facilities identified in this Ordinance, and WHEREAS, the City Council has determined that a reasonable means of financing the transportation facilities is to levy a fee on all development in the Eastern Territories of the City, and WHEREAS, the fee has been justified by the financial and engineering study entitled "Interim Eastern Area Development ( Impact Fees for Streets' dated November, 1987, and prepared by George T. Simpson and Willdan Associates, and WHEREAS, the financial and engineering stUdy and the City's General Plan show that the transportation network will be adversely impacted by new development wi thin the Eastern Territories unless new transportation facilities are added to accommodate the new development, and WHEREAS, the financial and engineering study and the City's General Plan establishes that. the transportation facilities necessitated by development in the Eastern Territories comprises an integrated network, and WHEREAS, developers of land within the Eastern Territories should be required to mitigate the burden created by development through the construction of transportation facilities wi thin the boundar ies of the development, the construction of those transportation facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards, and the payment of a fee to finance the development's portion of the total cost of the transportation network, and " -1- JL/!J-/~7 . c l. ~ t \ ," . ". ...... ~. .' " - .. " ., ;. " WHEREAS, all development within the Eastern Territories contribute to the cumulative burden on the transportation network in direct relationship to the amount of traffic generated by the development, and ) WHEREAS, the amount of traffic generated has been determined based upon average daily trips for various land areas based .upon studies conducted by SANDAG and verified by the financial and engineering study prepared for the purposes of this fee, and WHEREAS, the SANDAG traffic generation determinations have been used by numerous public agencies in San Diego County for various purposes, including the preparation of General Plan Circulation Elements, the justification of traffic impact fees, and transportation planning, and have been determined to be _ a reliable and accepted means of allocating the burden on a transportation network to development to be served by the network, and WHEREAS, on January 12, 1988, the City Council held a duly noticed meeting at which oral or written presentations could be made, and WHEREAS, on January 12, 1988, the City Council ordered and approved a negative declaration and supporting documentation regarding the proposed fee, and WHEREAS, the City Council determined based upon the evidence presented at the meeting, the City's General Plan and the various reports and other information received by the City Council in the course of its business that imposition of the traffic impact fee on all development in the Eastern Territories for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and in order to ensure effective implementation of the City's General Plan, and WHEREAS, the City Council has determined that the amount of the fee levied by this Ordinance does not exceed the estimated cost of providing the transportation facilities. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: Establishment of Fee. (al A development impact fee in the amounts set forth in subsection (cl is hereby established to pay for transportation improvements and facilities within the Eastern Territories of the City. The fee shall be paid before the issuance of building permits for each development project within the Eastern Territories of the City. The fees shall be -2- /1(3 -/;27! . .- . . ,~ 4'. t t \ '- " . .. 'I .... .. deposited into an Eastern Territories Transportation Facilities Fund, which is hereby created, and shall be expended only for the purposes set forth in this ordinance. The Director of Finance is authorized to establish various accounts within the fund for the various improvements and facilities identified in this ordinance and to periodically make expenditures from the fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. The City Council finds that collection of the fees established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for those facilities and to ensure certainty in the capital facilities budgeting for the Eastern Territories. The fee established by this section is in addition to the requirements imposed by other Ci ty laws, policies or regulations relating to. the construction or the financing of the construction of public improvements wi thin subdivisions or developments. (c) The fee for each development shall be calculated at the time of building permit application based upon the following schedule: (b) Development Type Transportation Fee Single Family $2101/Dwelling Unit Detached Dwelling Single Family $1681/Dwelling Unit Attached Dwelling Multi-Family $1260/Dwelling Unit Dwelling Commercial $B4,040/GrOSs Acre Industrial $63,030/Gross Acre The City Council shall annually review the amount of the fee. The City Council may adjust the amount of the fee as necessary to reflect changes in the Engineering-News Record Construction Index, the type, size, location or cost of the Transportation Facilities to be financed by the fee, changes in land use designations in the City's General Plan, and upon other sound engineering, financing and -3- JLjtJ-'/02.i .. . " .' l \. ~( ~ , . . " . '" " planning information. Adjustments to the above fee may be made by resolution amending the Master Fee Schedule. (d) The fees collected shall be used by the City for the following purposes as determined by the City Council : 1. To pay for the construction of facili ties by the City, or to reimburse the City for facilities installed by the City with funds from other sources. 2. To reimburse developers who have been required by Section 4 (a) of this ordinance to install improvements that are major streets and are listed in Section 3. 3. To reimburse developers who permitted to install improvements Section 4(b) of this ordinance. have been pursuant to SECTION 2: Definitions. For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) wBuilding permitW means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. ) (b) wDeveloperw means the owner or developer of a development. (c) WDevelopment PermitW permit, entitlement or project issued under ordinance of the City. means any discretionary approval for a development any zoning or subdivision (d) wDevelopment projectW or wDevelopmentW means any activity described in Sections 65927 and 65928 of the State Government Code. (e) wEastern Territoriesw means that area of the City located between Interstate 805 on the West, the City sphere of influence boundary on the East, Bonita Road on the North, and the ridge line between the extensions of Telegraph Canyon Road and Orange Avenue on the South, as shown on the map enti tIed W Area of Benefit and Street Project Location (Map l) W of the financial and engineering study. -4- IL/{J - / JD " l ~ '( .... .. '. " .' (f)' -Financial and engineering study: means the - Interim Eastern Area Development Impact Fees for Streets: study prepared by George T. Simpson and willdan Associates dated November, 1987, and on file in the Office of the City Clerk. SECTION 3: Transportation Facilities to be Financed by the Fee. ( a)- The fee l. 2. 3. 4. transportation facilities to be financed by the established by this ordinance are: State Route 125 from Otay Lakes Road to State Route 54. State Route 125 from Southern boundary to Otay Lakes Road. EastLake Telegraph canyon Road from Interstate 805 to paseo Ladera. Telegraph Canyon Road from paseo Otay Lakes Road. (Including Improvements at I-80S). Ladera to Interchange 5. Otay Lakes Road from Telegraph Canyon Road to Eastern EastLake I boundaries. 6. Otay Lakes Road from East -H- Street to Bonita Road. 7. Otay Lakes Road from Telegraph Canyon Road to the southern fee area boundary. 8. Interchange improvements at Interstate 805 and East -H- Street. - 9. East -H- Street through Rancho del Rey. 10. East -H- Street from Eastlake Drive to SR-125. 11. San Miguel Road from Bonita Road to SR-l25. 12. Central Avenue from Bonita Road to Corral canyon Road. 13. Bonita Road from Otay Lakes Road to Sweetwater Road. 14. Sweetwater Road from Bonita Road to State Route 54. -5- /Lj[J.-/31 ..' ." " .' " ~ ~ 15. Certain reconstruction and traffic management systems within 'fee boundaries necessary to ensure safe and efficient operations of the traffic system. (b) The City Council may modify or amend the list of projects in order to maintain compliance with the Circulation Element of the City's General Plan. SECTION 4: Developer Construction of Transportation Facilities. \ (a) Whenever a developer of a development project would be required by application of City 'law or pOlicy, as a condition of approval of a development permit to construct or finance the construction of a portion of a transportation facility identified in Section 4 of this ordinance, the City Council may impose an additional requirement that the development install the improvements with supplemental size, length or capacity in order to ensure efficient and timely construction of the transportation facilities network. If such a requirement is imposed, the City Council shall, in its discretion, enter into a reimbursement agreement with the developer, or give a credit against the fee otherwise levied by this ordinance on the development project. (b) A developer may request authorization from the City Council to construct one or more of the facilities listed in Section 3. The request shall be made in writing to the City Council and shall contain the following informational conditions: ) 1. Detailed description of the project with a preliminary cost estimate. , 2. Requirements of developer: preparation of plans and specifications for approval by the City; secure and dedicate any right-of-way required for the project; secure all required permits, environmental clearances necessary for construction of the project; provision of performance bonds; payment of all City fees and costs. The City will not be responsible for any of the costs of constructing the project. The developer shall advance all necessary funds to construct the project. 3. -6- Jig -/32- .,' ." r C' 4. G 6. ( The developer shall secure at least three (3) qualified bids for work to be done. Any extra work or charges during construction shall be justified and shall be documented. When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for credit or cash reimbursement. The developer will receive a credit against required Development Impact Fees at the time building permits are issued for the developers' project. If the total construction cost amounts to more than the total Development Impact Fees which will be required for the developer's property, then the amount in excess of Development Impact Fees will be paid in cash when funds are available as determined by the City Manager, or a reimbursement agreement will be executed. SECTION 5: Procedure for Fee Waiver or Reduction. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the fee imposed by this ordinance is unconstitutional, or unrelated to mitigation of the traffic needs or burdens of the development, may apply to the City Council for a waiver. or reduction of the fee. The application shall be made in writing and filed with the City Clerk not later than ten (10) days after notic~ of the public hearing on bhe development permit application for the project is given, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim. of waiver or reduction. The Ci ty Council shall consider the application within sixty (60) days after its filing. The decision of the City Council shall be final. If a reduction or waiver is granted, any change in use within the project shall subject the development to payment of the fee. The procedure provided by this Section is additional to any other procedure authorized by law for protesting or challenging the fee imposed by this ordinance. \ -7- )'-16-- )y; ( t \ .." .., SECTION 6: Exemptions. Development projects by public agencies shall be exempt from the provisions of this fee. SECTION 7: Assessment Districts. If an assessment or special taxing district is established for any or all of the facilities listed in Section 4, the owner or developer of a project may apply to the City council for a credit against the fee in an amount equal to the assessment or taxes paid. SECTION B: Expiration of this Ordinance. . This ordinance shall be of no further force and effect when the City Council determines that the amount of fees which have been collected reaches an amount equal to the cost of the transportation facilities or reimbursements. SECTION 9: Time Limit for Judicial Action. Any jUdicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Code Section 54995 after the effective date of this ordinance. SECTION 10: Effective Date. ) Pursuant to Government Code ordinance shall become effective its second reading and adoption. Section 65962, this sixty (60) days after Presented by 6'J?7to fm by 11....777~~i.vdv..&77l/ .... Thomas J. Harron, City Attorney of 3688a -B- ;tJe-/Si .. FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE C CITY OF CHULA VISTA, CALIFORNIA, HELD January 12 . 19 M...., AND. FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD Januarv 19 .. 19 88 . BY THE FOLLOWING VOTE, TO-WIT: AYES: NAVES: ABSTAIN: ABSENT: Councilmen Councilmen CoLrIcilmen Cox, Malcolm, Nader, Moore None McCandl1ss Councilmen lJ'nna ~l~ . . . yo of the. City Chula Vista ATTEST -a.-,"~~< ~ qi:~r t:?' City I k " STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) - I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2251 ,and that the same has not been amended or repealed. DATED , ~~~ ~ ""'""""""""" CIW OF CHUlA VISfA "j City Clerk !'-16 -/3~ CC-660 Revised 1/6/89 -/ . /--":"'LC (:-:y;.: v , . . . ORDINANCE NO. 2289 t AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING ORDINANCE 2251 BY PROVIDING FOR DEFERRALS AND ADDING TRAFFIC SIGNALS TO THE DEVELOPMENT IMPACT FEES WHEREAS, on January 19, 1988, the City Council enacted Ordinance No. 2251 adopting a fee to be paid by developers of land within the Eastern Territories to finance construction of transportation facilities, and WHEREAS, developers of transportation facilities and Development Impact Fees on new' completion of the transportation to the developer, and land are constructing major are also required to pay building construction prior to facility creating a double cost WHEREAS, Ordinance No. 2251 currently provides for a credit after completion of a transportation facility improvement and therefore it is necessary to amend Ordinance No. 2251 to permit a procedure for requesting an early credit for Development Impact Fees resulting from construction of facilities by developers, and ~ WHEREAS, it is necessary to make other minor changes to Ordinance 2251 in order to assure effective financing of the transportation facilities, and WHEREAS, the City Council has received evidence justifying the addition of traffic signals at the intersection of East "HO Street and the entrance to Southwestern College to the list of improvements to be financed by the fee in orner to implement and maintain compliance with the Circulation Element of the City General Plan, and WHEREAS, Ordinance No. 2251 authorizes the City Council to amend or modify the list of projects to be financed by the fee, and WHEREAS, the City Council finds that the findings and determinations made in Ordinance No. 2251 ~ontinue to be true and correct, and further that the amendment made by this ordinance will further the purpose~ of Ordinance No. 2251. NOW, THEREFORE, the. Ci ty Council of the Ci ty of Chula Vista does ordain as;follows: SECTION I: Section 3 of Ordinance No. 2251 is amended to read: c \ "1. c- -1- JLJil-j3k 0' ( .' , SECTION 3: Transportation Facilities to be Financed by the Fee. o( (a) The transportation facilities to be financed by the fee established by this ordinance are: . 1. State Route 125 from Otay Lakes Road to State Route 54. 2. State Route 125 from Southern boundary to Otay Lakes Road. 3. Telegraph Canyon Road from Interstate 805 to paseo Ladera. EastLake 4. Telegraph Canyon Road from paseo Otay Lakes Road. (Including Improvements at I-B05). Ladera to Interchange 5. -, Otay Lakes Road from Telegraph Canyon Road to Eastern EastLake I boundaries. 6. Otay Lakes Road from East "H" Street to Bonita Road. 7. Otay Lakes Road from Telegraph Canyon Road to the southern fee area boundary. {. 8. Interchange improvements at Interstate B05 and East "H" Street. 9. East "H" Street through Rancho del Rey. 10. East "H" Street from Eastlake Drive to SR-125. 11. San Miguel Road from Bonita Road to SR-125. 12. Central Avenue from Bonita Road to Corral Canyon Road. 13. Bonita Road from Otay Lakes Road to Sweetwater Road. 14. Sweetwater Road from Bonita Road to State Route 54. 15. Certain reconstruction and traffic management systems within fee boundaries necessary to ensure safe and efficient operations of the traffic system. \ Traffic siqnals on East "H" Street at the entrance of Southwestern Colleqe. - '- .!E.. -2- J'I8~/37 . , l/ \ \ to read: .._~ (b) The City Council may modify or amend the list of projects in order to maintain compliance with the Circulation Element o~ the City's General Plan. SECTION II: Section 4 of Ordinance No. 2251 is amended SECTION 4: Developer Construction of Transportation Facilities. (b) ltl" 1. Detailed description af the project with a preliminary cost estimate. That portion of the pro;ect which involves the specified improvements authorized by Section 3 of Ordinance No. 2251 is referred to herein as the Transportation Facility Proiect. 2. Requirements of developer: -3- ll(5//J~ l ~ .h !.:. \ preparation of plans and specifications for approval by the City;, secure and dedicate any right-of-way required for the project; secure all required permits, environmental clearances necessary for construction of the project; provision of performance bonds (where the developer intends to utilize provisions for immedia te credi t, the performance bond shall be for 100 percent of the value of the project); payment of all City fees and costs. 3. The Ci ty will not be responsible for any of the costs of constructing the project. The developer shall advance all necessary funds to construct the project. 4. The developer shall secure at least three (3) qualified bids for work to be done.' The construction contract shall be qranted to the lowest qualified bidder. If qualified, the developer mav aqree to oerform the work at a price equal to or .less than the low bid. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the Director of Public Works. The developer shall provide a de'tailed cost estimate which itemizes those costs of the construction attributable to the Transportation FaCility Project and excludes any work attributable to a soecific subd i vision proiect. The est imate is preliminary and subiect to final determination by the Director of Public Works upon completion of the Transportation FaCility Project. Upon approval of the estimated cost by the Director of Public' \'lorks, the developer shall be entitled to immediate credit for 75 percent of the estimated cost of the construction attributable to the Transportation Facilitv Proiect. The immediate credits shall be applied to the developers" obligation to pay fees for buildinq permits issued after the establishment of the credit. The developer . . -4- / L-j{]- OJ ) ( { c . . l.,'" '/J/ '. \ L. 8. shall specify these bUilding permits the credit is to be applied at the developer submits the building applications. to which time the permit If the developer uses all of the 75 ~ercent immediate credit before final complet1on of the Transportation Facility Proiect, then the developer may defer payment of Development Impact Fees for other buildinq permits by providing to the City liquid security such as cash or an irrevocable letter of credit, but not bonds or set-aside letters, in an amount equal to the remaining 25 percent of the estimated cost of the Transportation Facility Project. When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for credit or cash reimbursement. 9. After final determination of eligible expenditures has been made by the Puhlic Works Director, the final amount of Development Impact Fee credits shall be determined. The developer shall receive credit against the deferred fee obligation in an amount equal to the difference between the final expenditure determination and the amount of the 75 percent immediate credit used if any. The amount of the deferred fee obliqations shall be baserl upon the fee fee schedule in effect at the time of the final credit determination. The Director of Public Works shall convert the credi t to an EDU basis for residential development and/or a Gross Acre basis for commercial or industrial development. The City shall notify the developer of the final deferred fee obliqatiorr, and of the amount of the applicable credit. If the amount of the applicable credit is less than the deferren fee obligation, then the developer shall have thirty (30) days to pay the deferred fee. If the deferred fees are not paid within the thirty-day period, the Citv may make a rlemand against the liquid security anrl apply the proceeds to the fee Obligation. -5- JI{)-JL/O , . " l ", 10. The developer will receive a lli credit against required Development Impact Fees incrementally at the time'building permits are issued for the developers' project. t If the total construction cost amounts to more than the total Development Impact Fees which will be required for the developer's ptrJpr!t't"i project, then the amount in excess of Development Impact Fees will be paid in cash when funds are available as determined by the City Manager, ~t a reimbursement agreement will be executed: or the developer may waive reimbursement and use the excess as credit aqainst future Development Impact Fee obligations. SECTION III: amended to read: Section 7 of Ordinance No. 2251 is SECTION 7: Assessment Districts. \ If any assessment or special taxing district is established for any or all of the facilities listed in Section 3, the owner or developer of a project may apply to the City Council for a credit against the fee in an amount equal to the developments attributable portion of the 4tt~tt~~d~/Ani/~/PAi~ cost of the authori7.ed TiiiProvements as determined by the Director of Public Works, plus incidental costs normally occurring with a construction project, but excluding costs associated with assessment district proceedings or financinq. r '- SECTION IV: Time Limit for Judicial Action. Any jUdicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Code Section 54995 after the effective date of this ordinance. SECTION V: Effective Date. This ordinance shall become effective thirty (30) days after its second reading and adoption. Presented by Approved as to form by 3688a //\L) \' I \(j/ ;''?/:7J!/t-~.iJ?tt./x:,J Thomas J.)I~ron, City Attorney - I ( , ~/ c -6- /'/13- pi; . " f l.. FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA1 CALIFORNIA1 HELD January 10 . 19 ~I AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD January 17 19 89 . BY THE FOLLOWING VOTE1 TO-WIT: AYES: Councilmen: Moore. McCandl1ss, Nader, Cox, Malcolm . NAYES: ABSTAIN: ABSENT: Councilmen: CoI.rlcilmen : Councilmen: None None None ATTEST ~ ~~Ry ~Chom .." ~~;'J~~~~ ~ City Clerk , STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) ) 55.. ) I, JENNIE M. FULASZ, CMC, CITY CLERK 01 the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of 2289 ORDINANCE NO. ,and that the same has not been amended or repealed. DATED '- City Cierk /i!5 -/y;2.. "," Revised 12/13/89 " '- ORDINANCE NO. 2349 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING ORDINANCE NO. 2251, RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES WHEREAS, in January, 1988, the City Council of the City of Chula Vista adopted Ordinance No. 2251 establishing a development impact fee for transportation facilities in the City's eastern territories, and WHEREAS, pursuant to Ordinance No. 2251, the City has commenced the collection of development impact fees to be used to construct transportation facilities to accommodate increased traffic generated by new development wi thin the City's Eastern Territories, and I, WHEREAS, pursuant to Section l(c) of Ordinance No. 2251 and California Government Code SectiQns 66000, et. seq., the City Council has caused a study to be conducted to reanalyze and reevaluate the impacts of development on the transportation system for the City's eastern territories and, to further reanalyze and reevaluate the development impact fee necessary to pay for the transportation facilities which financial and engineering study prepared by Municipal Finance Administration and Willdan Associates, is entitled "Eastern Area Development Impact Fees for Streets" dated November 22, 1989, and WHEREAS, the financial and engineering study and the City's General Plan show that the transportation network will be adversely impacted by new development wi thin the eastern territories unless new transportation facilities are added to accommodate the new development, and WHEREAS, the financial and engineer ing studies and the City's General Plan establish that the transportation facilities necessitated by development in the eastern territories comprise an integrated network, and WHEREAS, the City Council has determined that developers of land within the eastern territory should be required to mitigate the burden created by development through the construction of transportation facilities within the boundaries of the development, the construction of those transportation facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards and the payment of a development impact fee to . finance the development's portion of the costs of the transportation network, and ( /Lj(j ~)Lj} -1- ~ WHEREAS, the City Council hereby legislative findings and determinations set NO. 2251 continue to be true and correct, and determines forth in that the Ordinance WHEREAS, on December 12, '1989-, the City Council of the City of Chula Vista held a duly noticed meeting at which oral or written presentations regarding the development impact fee for the City's ,eastern territories could be made, and WHEREAS, after consideration of the evidence presented to it incl,l!ding the eastern areas development impact fees for streets study the City Council determined that certain amendments to Ordinance No. 2251 are necessary in order to assure that there are sufficient funds available to finance the transportation facilities necessary to serve the eastern territories and in addition that certain additional facilities should be added to the list of those facilities by the development impact fee, and WHEREAS, the City Council determines, based on the evidence presented at the meeting the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all development in the eastern territories for which building permits have not been issued is necessary in order to protect the public health, safety and welfare and in order to assure effective implementation of the City's General Plan, and ( WHEREASJ the City Council has determined that the amount of the amended fees as levied by this Ordinance does not exceed the estimated cost of providing the transportation facilities. NOW, THEREFORE the Ci ty Council of the City of Chula Vista does ordain as follows: SECTION 1 That the development impact fee schedule set forth in Section l(c) of Ordinance No. 2251 is amended to read as follows: Development Type Single Family Detached Dwelling Transportation Fee $t1g1 j2850/Dwelling Unit Single Family Attached Dwelling Multi-Family Dwelling $1~i1 ~2280/Dwelling Unit $1t~g j17l0/Dwelling Unit ( Industrial $il/glg jl14,OOO/Gross Acre #~1,g1g jS7,OOO/Gross Acre Commercial ;i(j - /L-jLj -2- ( The City Council shall at least annually review the amount of the fee. The city Council may adjust the amount of the'fee as'necessary to reflect changes in the Engineering-News Record Construction Index, the type, size, location or cost of the Transportation Facilities to . be financed by the fee, changes in land use designations in the City's General Plan, and upon other sound engineering, - financing and planning information. Adjustments to the above fees may be made by resolution amending the Master Fee Schedule. SECTION 2. That the definition of 'Financial and Engineering studies" as set forth in Section 2f of Ordinance No. 2251 is amended to read as follows: 'Financial and engineering _~~~l studies': means the 'Interim Eastern Area Development Impact Fees for Streets'f study prepared by George T. Simpson and Willdan-Associates dated November 1987, and the 'Eastern Area Development Fees for Streets' study prepared by Municipal Finance Administration and Wil1dan Associates dated November 22, 1989, both of which _~~ are on file in the office-of the- City Clerk". --- SECTION 3. That the list of facilities and programs set forth in Section 3(a) of Ordinance No. 2251 is amended to read as follows: '(a) The transportation facilities and programs to be financed by the fee established by this Ordinance are: ~tjt~/~AtA/~~~v~/tt~~/~/IV~~~/~~j~/~f.rV~~/~~~t~ HI ~tjt~/~~/l~$//fv~~/~/tj_ttj~~/~~~~tt.1/~//~tjt tjK~_/~~j~1 State Route 125 from Telegraph canyon Road to Orange Avenue. 1~l~stj~~/~j~1~~/~~j~/tt~~/trit~t_t~t~/Sg1/~~/1j_~~/t~~~tjl to east of Pas eo 1~t~~tj~~//~t~y~~/~~t~/~/~~/tAAAtA//t~//~t~e//ij~~~ ~~~~I//Jt~~t~~t~S/trit~t~~jris~/t~pt~;~~~rit~/~t/tfSg1JI Telegraph Canyon Road at I-80S interchange/phase II. /ifg-/~ -3- . . 'I ~t.Ylt~~~t/~~~/~~~~~At~~~/rtt~tt~/tt.t~.~~ 1./Y,~Ii,.".tU.I-. '- 4. - '1 5. 6. 7. il B.W 'JI 9. lo.n ( 11. It/ 12. 131 13. 14. 14. 1S/ Telegraph Canyon Road - Phase I Rutgers Avenue to EastLake Boundary. ~tit/~iK~_/~~i~/tt~~/tt_tl'~'I$tt~~tlt~/~~nttt/~~i~I Telegraph Canyon Road - Phase II Paseo Ladera to Apache Drive. --TelegraphCcanyon Road - Phase III Apache Drive to Rutgers Avenue. East .fl. Street - I -B05 Interchange Modifications. 1.,.t~tt~.,.s~ll~v~~~~~/~/1.,.t~t.ttt~/~~/~/~tl/'~' $tt~~tI East -fl" _ St~ee~'from Eas!:.!-ak_~_ Dri_y-e':-j:O::SR-1~5 :-- - - ---"-..- - - ta.t/'~Y7Stt~~t~l~0~/~n~~~7~ir/~~tl Ota~ Lakes Road from Camino del Cerro Grande to Ridgeback Roa . Otay Lakes Road from Telegraph Canyon Road to the southern fee area boundary. Bonita Road from Otay Lakes Road to Central Avenue. ~~,.ttar/xY~n~~/tt~~/~~n!ta/~~a"/t~/~~ttal/~."y~,./~~."1 Bonita Road from Central Avenue to San Miguel Road. ~~riit./~~i~/tt~~/~tat/~aK~./~~a"lt~/$~~~t~it~t/~~i~I Bonita Road from Otay Lakes Road to SR-125. Sweetwater Road from Bonita Road to State Route 54. East 'H' Street from State Route 125 to San Miguel Road. ~~ttai,./lt~~tvll~~~lltt~ttAtll~ll.y.ti~. ~lt~!rill~II~~~d~t(fttll~~~~Atblll~~II~rl~~t~II~II~rl" ~ttiti~,.t/~pit.ti~,../~tlt~iltt.ttitl.y.ti~I 15. East 'H' Street from San Miguel Road to Hunte Parkway. 16. Orange Avenue from Oleander Avenue to eastern DIF boundary. 17. ( Palomar Street from Oleander Avenue to eastern DIF boundary. / tf!J - )'1 b \ -4- Telegraph Canyon Road from eastern boundary of EastLake to Hunte Parkway. bEas_t~~e_~~.rkWal'~rC?~ :Tel:~<;,-r~aph .Ca!lyon_ Roa.d t.!>__southern DIF ~~~...~[y . Hunte Parkway from East "8" Street to Telegraph Canyon Road. Hunte Parkway from Telegraph Canyon Road to Orange Avenue. <YrangeAvenuerrciiii-tastLake--paikway to Hun~te Parkway. paseo Ranchero Road from Telegraph Canyon Road to southern DIF boundary. SECTION 4 Effective Date. This Ordinance shall become effective 30 days after its adoption, provided however, that the increased fees shall not be applied to a residential development until 60 days fOllowing adoption. Presented by Approved as to form by ~f;j?;Z~d7Z/ ~_JO P. LIPPITT, ;r -Director of Public Works ~ if': ~n;;dJ /'!-t~//?'-_. ~HOMAS J. HA~RON, Oi ty Attorne'y/ I .' I.c./___ ( 6599a "____..___..._______.._.. __"'._ - d_"_.. ____.- __...._...__.._.. -'- ,. r / tl(!- PI? -5- -- L ORDINANCE NO. 2431 AN ORDINANCE OF THE CITY OF CHULA VISTA. CALIFORNIA AMENDING ORDINANCE NO. 2251. RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES WHEREAS. 'in January. 1988. the City Council of the City of Chu1a Vista adopted Ordinance No. 2251 establishing a development impact fee for transportation facilities in the City's eastern territories. and WHEREAS. pursuant to Ordinance No. 2251. the City has conmenced the collection of development impact fees to be used to construct transportation facilities to accommodate increased traffic generated by new development within the City's Eastern Territories. and WHEREAS. pursuant to Section l(c) of Ordinance No. 2251 and California Government Code Sections 66000. et. seq.. the City Council has caused a study to be conducted to reanalyze and reevaluate the impacts of development on the transportation system for the City's eastern territories and. to further reanalyze and reevaluate the development impact fee necessary to pay for the transportation facilities which financial and engineering study prepared by Wi 11 dan Associates. is entit1 ed MEastern Area Development Impact Fees for Streets. dated November. 1990. and . , WHEREAS. the financial and engineering study and the City's General Plan show that the transportation network will be adversely impacted by new development within the eastern territories unless new transportation facilities are added to accommodate the new development. and WHEREAS. the financial and engineering studies and the City's General Plan establish that the transportation facilities necessitated by development in the eastern territories comprise an integrated network. and -,------ . { , WHEREAS. the City Council has determined that developers of land within the eastern territory should be required to mitigate the burden created by development through the construction of transportation facilities within the boundaries of the development. the construction of those transportation ( )tf!J -/1% Ordinance No. 2431 Page 2 ) facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards and the payment of a development impact fee to finance the development's portion of the costs of the transportation network, and ' WHEREAS, the City Council hereby determines that the legislative findings and determinations set forth in Ordinance NO. 2251 continue to be true and correct, and WHEREAS, on Dec~2r 4, 1990, the City Council of the City of Chula Vista held a duly noticed meeting at which oral or written presentations regarding the development impact fee for the City's eastern territories could be made, and WHEREAS, after consideration of the evidence presented to it including the eastern areas development impact fees for streets study the City Councfl determined that certain amendments to Ordinance No. 2251 are necessary in order to assure that there are sufficient funds available to finance the transportation facilities necessary to serve the eastern territories by the development impact fee, and WHEREAS, the City Council determines, based on the evidence presented at the meeting the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all development in the eastern terri tori es for whi ch bufl di ng permi ts have not been issued is necessary in order to protect the public health, safety and welfare and in order to assure effective implementation of the City's General Plan, and WHEREAS, the City Council has determined that the amount of the amended fees as levied by this Ordinance does not exceed the estimated cost of _ __ ~rov'LdLng the transportation facfl ities. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: SECTION 1: That the development impact fee schedule set forth in Section 1 (c) of Ordinance No. 2251 is amended to read as follows: p/(j ~)'-I1 l Ordinance No. 2431 Page 3 . Development Type Singl e Family Detached Dwelling Single Family Attached Dwelling Mul ti -Fami ly Dwell ing COllll1erc i a 1 Transportation Fee $3060/Dwelling Unit $2448/Dwelling Unit $1836/Dwelling Unit Industrial Religious Institutional $122,400/Gross Acre $61,200/Gross Acre $11,400/Gross Acre ( The City Council shall at least annually review the amount of the fee. The City Council may adjust the amount of the fee as necessary to. reflect changes in the Engineering-News Record Construction Index, the type, size, location or cost of the Transportation Facilities to be financed by the fee, changes in land use designations in the City's General Plan, and upon other sound engineering, financing and planning information. Adjustments to the above fees may be made by resolution amending the Master Fee Schedule. SECTION 2. That the definition of "Financial and Engineering studies. as set forth in Section 2f of Ordinance No. 2251 is amended to read as follows: "Fi nanci al and engi neering studies.: means the 'Interim Eastern Area Development Impact Fees for Streets' studY prepared by George T. Simpson and Willdan Associates dated November 1987, and the 'Eastern Area Development Fees for Streets' stu~ prepared by Willdan Associates dated November -19, 1990, which are on file in the office of the City Clerk". SECTION 3. That the list of facilities and programs set forth in Section 3(a) of Ordinance No. 2251 is amended to read as follows: "(a) The transportation facilities and programs to be financed by the fee established by this Ordinance are: F/CJ ~ I~f) Ordinance No. 2431 . Page 4 ) 1. S~ate Route-125 from-San-Miguel Road to Telegraph-Canyon-Road.- 2. State Route 125 from Tel egraph Canyon Road to Orange Avenue. 3. Telegraph Canyon Road from Paseo del Rey to east of Paseo Ladera/north side. Ja. Telegraph Canyon Road at I-80S interchange/Phase II. 4. Telegraph Canyon Road - Phase I Rutgers Avenue to EastLake Boundary. 5. Telegraph Canyon Road - Phase II Paseo Ladera to Apache Drive. 6. Telegraph Canyon Road - Phase III Apache Drive to Rutgers Avenue. 7. East "H" Street - I -805 Interchange Modifications. 8.- East "H" Street from EastLake Drive to SR-125. 9.* Otay Lakes Road from Camino del Cerro Grande to Ridgeback Road. 10. Otay Lakes Road from Telegraph Canyon Road to the southern fee area boundary. 11. Bonita Road from Otay Lakes Road to Central Avenue. 12. Bonita Road from Central Avenue to San Miguel Road. 13. San Miguel Road from Bonita Road to SR-125. r-, J4. East "H" Street from State Route 125 to San Miguel Road. 15. East "H" Street from San Mi guel Road to Hunte Parkway. 16. Orange Avenue from Oleander Avenue to eastern DIF boundary. 17. Palomar Street from Oleander Avenue to eastern DIF boundary. /'-/(f-/j/ . (- \ -, Ordinance No. 2431 Page 5 Telegraph Canyon Road from eastern boundary of Eastlake to Hunte Parkway. Eastlake Parkway -from Telegraph Canyon Road to southern DIF boundary. Hunte Parkway from East "Ha Street to Telegraph Canyon Road. Hunte Parkway from Telegraph Ca~on Road to Orange Avenue. Orange Avenue from EastLake Parkway to Hunte Parkway. Paseo Ranchero Road from Telegraph Canyon Road to southern DIF boundary. ENR Index Adjustment DIF_ P.rpgram. SUPPQr~_ _ __ .. ____ _ *Project has been completed. SECTION 4. Effective Date. This Ordinance shall become effective 60 days after its adoption. Presented by Ap _" _d'~ to~b~ __ /1-)!3 - /~;l Ordinance No. 2431 Page 6 1 PASSED. APPROVED. and ADOPTED by the City Counc11 of the City of Chula Vista. California. this 11th d~ of December. 1990. by the following vote: AYES: Counc 11 members: McCandliss. Malcolm. Moore. Nader. Rindone NOES: Councilmembers: None ABSENT: Counc 11 members: None . ABSTAIN: Counc11members: None /(.i,.;.-,L 1}r-/;.~ ,c:tf'~ ~le L. c~andI1ss. M~or ATTEST: ~" ~av ever y .( Aut -ele{; '~erk . ..~. ti :~ . ~t . . ,-- STATE -OF CALfFORNfA--) -- - . -..--- .. .-. COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I. Beverly A. Authelet, City Clerk of the City of Chula Vista. California. do hereby certify that the foregoing Ordinance No. 2431 had its first reading on December 4. 1990. and its second reading and adoption at a regular meeting of said Ci~ Council held on the 11th d~ of December. 1990. Executed this 11th day of December. 1990. . ./ ) LjO - b J COUNCIL AGENDA STATEMENT Item if" Meeting Date 7/27/93 ITEM TITLE: Public Hearing Waiver of assessments and fees associated with development of EastLake Community Church SUBMITTED BY: Director of Public Works rpJ S. Director of Community J~pmentL- Director of Planning '?i~(t REVIEWED BY: City Manager J~ ~~1 (4/5ths Vote: Yes_NoX) The Redevelopment Agency purchased the property formerly owned by Chula Vista Missionary Church on Orange Avenue in order to construct a new library. The church is requesting waiver of fees associated with development of their new church facility in EastLake. In addition, the land has assessments which were levied under Assessment Districts 88-1 and 85-2. EastLake Community Church is requesting waiver of those assessments as well. RECOMMENDATION: Approve the report and deny waiver of any fees. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Under Section 3.45 of the Municipal Code, the City Council is required to consider fee waiver requests if the amount of such waiver is greater than $2,500 or 25 % of the original fee imposed by the Master Fee Schedule. Waiver requests of lower amount can be determined by the City Manager. This request exceeds both. Total fees requested to be waived amount to $23,262 and the assessement debt is $86,777 as of June 1993. They are requesting total waiver of all fees as well as assessment district debt. A public hearing is required with notice to the applicant and to any party or parties requesting same. The applicant has been notified. No other parties have requested notice. A notice was posted by the City Clerk in City Hall. The Redevelopment Agency purchased the Church's former property on Orange Avenue and Fourth Avenue to construct a new library. The property was purchased for $1,300,000 which, according to the purchase agreement, included $420,000 for relocation of church operations and facilities. The Church, as indicated in their letter dated June 23, 1993 (attached), purchased property within EastLake for their new facility, EastLake Community Church. That property has two assessments levied on it. Assessment District 85-2 and 88-1 indebtedness on the property amounts to $42,497 and $44,280 respectively as of June, 1993. In addition, current City fees that must be paid if the Church is to be built are: I~I /5 Page 2, Item Meeting Date 7/27/93 1. 2. 3. 4. 5. 6. 7. 8. Conditional Use Permit (PCC-93-24) Design Review (DRC-93-20) Initial Study (lS-93-22) Building & Housing Permit Sewer Administration Sewer Capacity Fee Traffic Signal Fee Telegraph Canyon Sewer DIF $ 350* 200* 1,100* 7,485 17 11,100 2,190 920 $23,262 TOTAL Items 1-5 are processing fees. The other fees are user fees and are related to an impact to the City other than staff costs. The Church is requesting that those assessments and other fees be waived as a result of verbal commitments purportedly made to them by the City at the time the City purchased the old church site. Review of the files did not reveal any notes relating to payoff of the assessments or waiver of fees. In fact, a letter dated February 21, 1991 (see Exhibit A) indicated what the fees might be for a 2-acre parcel (the Church subsequently purchased a 3 acre site). There is no mention of the City paying or waiving these fees and assessments in that letter. In addition, the escrow instructions and notes about deal points contain no mention of fee waivers or payoff of assessments. Further, we were unable to find any current City staff member who is aware of any suggestion that fees might be waived. Bonded indebtedness (assessments) cannot be waived by Council. In order to eliminate the yearly payment, the assessment would have to be paid in total. Those assessments amount to a total of $86,777 as of June 1993 as indicated above. Staff believes that there were adequate relocation funds to payoff the amount if the church so chooses. If staff costs are waived, the cost of processing these items would be borne by the General Fund. Historically, those fees which the Planning Department requires for applications have been waived by the City for non-profit corporations and are indicated by an asterisk above. However, in this situation the property owner was given relocation assistance support which was intended to cover costs such as the fees and bonded indebtedness. Recommendation The Municipal Code indicates that "prior to abating all or any portion of fee established in the Master Fee Schedule, the Waiving Authority (Council) shall find a peculiar economic hardship or other injustice would result to the application which outweighs, when balanced against, the need of the City revenue and the need for a uniform method of recovering same from those against whom it is imposed. " Staff recommends that no fees be waived for this project for the following reasons: I~' .2- Page 3, Item I.> Meeting Date 7/27/93 1. No economic hardship or injustice will result because tbe purchase of tbe previous site included $420,000 for relocation assistance which was considered as compensation for fees, assessments and otber costs of purchasing land and building a new church. 2. Assessments cannot be waived. 3. There is notbing in tbe files tbat indicated tbe City was to waive any fee or assessment. If tbe Council would still desire to assist tbe Church, it is recommended tbat tbe processing fees normally waived for churches be considered, which amounts to $1,650. FISCAL IMPACT: None, if tbe recommendation accepted. WPC F:\HOME\ENGINEER\AGENDA\EASTLAKE.CHU 072193 I.>-J /IS-'j ". ~~~ ~ ~- - " r, // '____ ~/I OlY OF CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT February 21, 1991 Mike Livingston Western District of the Missionary Church 484 E. Los Angeles Ave. Suite 228 Moorpark, CA 93021 Dear Mike: At your request, I have been researching applicable fees for development of a 10,000 sq. ft. church on approximately two acres of land on EastLake Parkway just north of Telegraph Canyon Road. Given these parameters, the figures below should be close to your actual fees, however, you should be aware that a change in the building square footage, the net acreage, or facilities in addition to a church such as a school or day care center would significantly change the figures below. I. DEVELOPMENT IMPACT FEES A. DIF Transportation - $22,800 B. Traffic Signal - $1,500 C. Public Facilities - exempt D. Drainage - $8,000 (may be credited to you by EastLake) E. Park - exempt F. Sewer Capacity Fee - $7,000 G. Assessment District #85-2. Total Balance: $1,097,640. Individual Parcel Assessments still to be determined. H. Mello-Roos? (Check with EastLake) II. PERMITS AND INSPECTIONS (Based on $56 per sq. ft., Type V, One-hour) A. Building permit - $3,000 B. Plan Check - $2,000 C. Electric Plumbing/Mechanical Inspection - $1,000 D. SMI Earthquake Inspection - $100 III. PLANNING AND DESIGN REVIEW A. Design Review - $500 B. Conditional Use Permit - $1,000 C. Initial Study - $500 D. Site Plan and Architectural Approval - $250 E. Sign Approval - $50 F. Landscape Plan Review - $150 TOTAL $47,850 IY>' 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 920101(619) 691-5047 ......""'~.'., . Mike Livingston February 21, 1991 Page Two . I hope this information is sufficient. If you have any other questions, please do not hesitate to contact me. ~ Lance Abbott Community Development Specialist LA: aqc cc: Rev. John Oien, Missionary Church 15*'/' CITY OF CHULA VISTA , ~ --- . . " DEAL POINTS FOR MISSIONARY CHURCH (Draft II) Below are proposed deal points between the City of Chula Vista ("City") and the Missionary Church of ChulaVista ("Church") . 1. The City will pay to the Church the snm of $880,000 for 2.95 acres of land and all structu~es thereon, parcel number 623-010-15 (Exhibit "A"). 2. The City will obtain for the Church and sell to the Church for its use one of the following two properties; 1) 1.51 acres on Ridgeback Road (Exhibit "B"), or 2) Approximately 2.5 acres of Public Use property now planned for Rancho Del Rey Spa II (Exhibit "C"). The City shall choose which parcel to sell to the Church. 3. For the parcel that the City chooses to sell to the Church, the purchase price shall be as follows: A. For the Ridgeback Road property, $550,000. B. For the Rancho Del Rey property, $6.50 per square foot, or the cost to the City of acquiring the property, whichever is greater. 4. Relocation benefits provided to the Church in excess of the $880,000 payed for existing Churuh property and structures shall be as follows: . A. The City shall cooperate to provide the Church . with facilities substantially equivalent to its existing facilities. These facilities shall include meeting/sanctuary space to accommodate the Church's current membership, along with classroom and office space necessary for the use of the Church membership. B. The City and Church agree that these "substantially equivalent facilities" shall be provided by the least costly method available. The City may choose to relocate the Church's existing structures to the new Church site. If the City chooses to move these structures or structure and to properly reconstruct them on the new Church site, such actions on the part of the City shall meet the City's obligation to cooperate in providing "substantially equivalent facilities." C. The City shall not be obligated to relocate, remove or to provide the Church use of any structures currently on Church property, or to rcovide the Church use of structures now leased by the Church as residences. 15" 7 ~ ~ -- -;.~~,..... . . " D. The Church shall use tne difference between the price payed by the City for its existing site ($880,000) and the price the Church pays for either of the two relocation parcels identified above to cover relocation expenses. E. If additional funds are required for the successful relocation of the Church and provision of substantially equivalent facilities at its new location, the City shall pay $400,000, or any lesser amount that results in successful relocation of the Church and provision of substantially equivalent facilities, as relocation assistance. This payment shall be accepted by the Church as full payment for any and all relocation benefits required by law. 5. The City shall have the option of relocating the Church and its structures at any time within the 24 month period commenqing February 1, 1991. 6. After purchase of the Church's existing property, the City shall receive all rental income generated by the property, including reasonable mark8~-rate rental of the property and structures to the Church for its use while . remaining on its current site. . . . ,. ~ l " . I . 15'~ ~~'- ~ -y.........., DEAL POINTS FOR LIBRARY PROPERTY PURCHASE Missionary Church Property, 2.95 acres. Total Payment/sf = $10.12 A) Payment for land at appraised value, $880,000. B) Relocation Payment, $420,000. C) One year free rent for church occupation of site. D) Rents from two single family tenants will go to Agency. E) Agency will be responsible for relocation of tenants. F) Equal division of escrow and closing costs. G) l80-day option to purchase city's Ridgeback Road site for $500,000. carter, .67 acres. Total Payment/sf = $9.77 A) Payment for land at appraised value, $205,000. B) Relocation payment of $80,000. C) One year free rent for occupation of site. D) City pays all escrow and closing costs. E) Carter retains 200-day option to remove any structures at his cost. Torimaru, 2.43 acres. Total Payment/sf = $6.61 A) Payment for land at appraised value, $649,000. B) Relocation payment, $51,000. C) Agency pays all escrow and closing costs. D) Torimaru retains 30-day option to remove structures at his cost. ~~ \ 'U MEMORANDUM ,. March 16, 1993 File # P A-CO2 TO: Mando Liuag, Associate Planner FROM: Bill Ullrich, Senior Civil EngineerL,la<1 SUBJECT: Fees for Church in Eastlake Business Center, 2341 Telegraph Canyon Road In anticipation of constructing a church in the Eastlake Business Center, the owner has requested waiver of fees associated with this development The Engineering Section has calculated fees normally due at the time the building permit is issued. These calculations are based on preliminary information, The seating in the 'church is 375 seats, and there are eight classrooms in the church building, The calculations assume that the classrooms are used only for Sunday School and the building area = 14,600 s.f. \--.,/ EDU calculation: 1 EDU for each 110 seats or fraction of 110 seats; church = 4 EDU, classrooms = 1.0 EDU, total = 5 EDU, Ord. 2202' sewer facil,: 5 x $2,220 = $11,100 ~ Sewer Administration Fee = $ 17 $ 920 $2,190 - , Telegraph Cyn Sewer Basin DIF 5 x $184 = Traffic Signal Fee: 15 tripsj1,OOO s,f,; 15 x 14.6 x 10 = : These estimated fees are based on current rates, The actual fees would depend on the , final approved plans and the fee rates existing at the time the building permit is issued. The Transportation DIF and the Drainage DIF ara covered by Assessment Districts, Those fees cannot be waived, See Donna Snider's memo attached. Any waiver of fees must be requested in writing addressed to the City Engineer. :JiU:dv jrb lU (HSB/CHURCH.f...) 15'-' II!) 1519 Via Hacienda, Chula Vista, CA 91913 June 23, 1993 RECEIVED '93 .D 23 P4:22 CITY OF CHULA VISTA CITY CLERK'S OFFICE 6194826772 j ",<:1':;' The Honorable Mayor Tim Nader City Hall 276 Founh Avenue Chula Vista, CA 91910 6194828472 Dear Mayor Tim Nader: It's a pleasure to write you with greetings from the EastLake Community Church. We are happy to inform you of the progressive growth of our new congregation and once again thank you for personally helping to launch our public ministry January 24. Recently we were able to close escrow on our three-acre land site in EastLake (APN 595-232-12 and 13), and we are very excited about being able to someday construct our multi-purpose facility on that site. We are discovering that many doors of "pportunity for ministry and service to our community are being opened for us, esp:;cially with the youth. This will be enhanced greatly when our facility is complete and we are able to be readily available seven days a week, One of our obvious concerns is the financial burden of constituting and maintaining such a facility along with the many assessment and permit fees that are required. For this reason we would like to request the City Council consider waiving le Public Improvement Bonds Fund Assessment (85-2) as well as the Assessment (88-1) Fund. In addition to the assessments, we have been told that we should anticipate a Building Permit Fee of around $125,000. As you can see, there are very costly expenses that are impeding our ability to go ahead with construction. "Lil'ing From The Inside Out" We do feel our request is valid, especially because of verbal commitments made to us by the city at the time of purchase of our old Chula Vista Missionary Church property on Orange Avenue. We were assured that the city would not only assist us in finding new land to purchase, but also in the waiving of assessments and fees to enable us to reconstruct our church facility. @) Man looks :~:::~~l:~r~c"fj' ~ (J/) WRllTEN COMMUNICATION~ but the Lord . ~ ?/ looks at the heart. fl~..eT~ 0;, r~ r ~):y<}~ ''''CH'' ~~ 5i7 ~2 ~~ 15/1/ We would ask that our request be placed on the council agenda in the near future. We feel we have a unique opportunity to provide valuable service to the youth and families in our community. We have established an excellent relationship with the EastLake High School and feel our permanent facility will serve as a youth center, especially for the many "latch-key" students who have no place to go after school. We are also looking forward to a weekly program being . established for the many "senior adults" of our neighborhoods. Our facility will also serve as a center for such a program. There are just a few reasons why we are eager to begin construction but find it necessary to ask for waiver of some of the fees. Again, if I could meet with you personally to further explain our request, I would appreciate the opportunity. Thank you so much for your continued support of our new church. I will await your response. Gratefully, (2JP~ Bill Armstrong Pastor WFAIlm 1>"1:1- ESCROW NO. PARCEL NO. 623-010-15 PROJECT: South Chula Vista Library NAME: Missionary Church TITLE ORDER NO. 982373-7 OPTION TO PURCHASE REAL PROPERTY AND ESCROW INSTRUCTIONS ORIGINAL THIS OPTION is entered into this 12th day of February 1991, by and between THE CITY OF CHULA VISTA, a public body, corporate and politic (hereinafter called "BUYER"), and THE MISSIONARY CHURCH ASSOCIATION, WESTERN DISTRICT, the undersigned owner(s), (hereinafter called "SELLER"), for the purchase by "BUYER" of certain real property as hereinafter set forth. IT IS MUTUALLY HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: SECTION I In consideration of the sum of $1.00 paid by BUYER to SELLER, the receipt of whi ch is hereby acknowl edged, SELLER hereby grants to BUYER the excl us ive option to purChase the herein described property situated in the City of Chula Vista, County of San Diego, State of Cal ifornia, and legally described as Ml~s: . See legal description designated as Exhibit "A" attached hereto and by reference made a part hereof. Commonly known and numbered as San Diego County Assessor's Parcel No. 623-010-15, and commonly known as 339, 341, and 365 Orange Avenue, Chula Vista, California. Said option may be exercised at any time prior to 5:00 p.m., Pacific Standard Time February II, 1992, by delivering written notice of exercise of this option addressed to SELLER at 484 E. Los Angeles Avenue, Suite 228, Moorpark, CA 93021. Said written notice shall be deemed del ivered to SELLER within 48 hours of the depositing thereof postage prepaid, certified mail, at any U.S. Post Office in the State of California. The total purchase price, payable in cash through escrow, shall be the sum of ONE MILLION THREE HUNDRED THOUSAND DOLLARS AND NO CENTS, ($1,300,000.00). Within two business days from the day of delivery of notice of exercise of this option to SELLER, 8UYER shall open an escrow at Mission Valley Escrow, 2565 Camino del Rio South, San Diego, CA 92108, (619) 295-7400, on the following terms and conditions and SELLER and BUYER shall immediately execute samej SECTION II I. CONVEYANCE OF TITLE. SELLER agrees to convey to Grant Deed to BUYER, marketable fee simple title to the property free and clear of all 1 iens recorded and unrecorded, encumbrances, assessments, easements, leases and taxes, EXCEPT: A. Taxes from the close of escrows forward. B. Quasi-public utility, public alley, public street easements and rights-of-way of record. 2. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of a Deed to BUYER, provide BUYER with a CLTA Standard Coverage of Title Insurance, in the amount of $1,300,000.00, issued by First American Title Insurance Company, showing title to the property vested in BUYER, SUbject only to the exceptions set forth in Section II Paragraph I of this agreement, and the printed exceptions and stipulations in said policy. BUYER agrees to pay the premium charged for this service. If' I) ,- 3. ESCROW. BUYER agrees to open an escrow in accordance with this agreement at Mission Valley Escrow, 2S65 Camino del Rio South, San Oiego, CA 92108, (619) 295-7400. This a9reement constitutes the joint escrow instructions of BUYER and SELLER, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time. SELLER has executed and handed a Deed to BUYER, concurrently with this agreement. As soon as possible after the opening of escrow, BUYER will deposit the executed Deed, with Certificate of Acceptance attached, with Escrow Agent on SELLER's behalf. BUYER agrees to deposit the purchase price upon demand of Escrow Agent. BUYER and SELLER agree to deposit any additional instruments as may be necessary to complete this transaction. Insurance policies for fire or casualty are not to be transferred, and SELLER will cancel his own policies after close of escrow. All funds received in this escrow shall be deposited with other escrow funds in a general escrow trust account(s} and may be transferred to any other such escrow trust account in any State of National Bank doing business in the State of California. All disbursements shall be made by check from such account. ESCROW AGENT IS AUTHORIZED AND INSTRUCTED TO COMPLY WITH THE FOLLOWING TAX ADJUSTMENT PROCEDURE: A. Pay and charge SELLER for any unpaid del inquent taxes and/or any penalties and interest thereon, and for any del inquent or non-delinquent assessments or bonds against the property: B. Escrow is not to be concerned with pro-ration of SELLER's taxes for the current fiscal year if this escrow closes between July I and November I unless current tax information is available from Title insurer between October I and November J. In the event said tax information is available, SELLER's taxes shall be pro-rated in accordance with Paragraph "C" below. From July I and the ensuing period, when tax information is NOT available, referred to above, SELLER's pro-rata portion of taxes due to close of escrow, shall be cleared and paid by SELLER, outside of escrow, pursuant to provisions of Section 5082 through 5090 of the Revenue and Taxation Code of the State of California. C. From the date that tax information is available, as per Paragraph "B" above, up to and including June 30th, SELLER's current taxes, if unpaid, shall be pro-rated to date of close of escrow on the basis of a 365 day year in accordance with Tax Collector's pro-ration requirements, together with penalities and interest if said current taxes are unpaid after December 10 and/or April 10. At close of escrow, a check payable to the County Tax Collector for SELLER's pro-rata portion of taxes shall be forwarded to BUYER with closing statement. D. Any taxes which have been paid by SELLER, prior to opening of this escrow, shall not be pro-rated between BUYER and SELLER, but SELLER shall have the sole right, after the close of escrow, to apply to the County Tax Collector of said County for refund of such taxes which may be due SELLER for the period after the BUYER's acquisition pursuant to Revenue and Taxation Code Section 5096.7. ESCROW AGENT IS AUTHORIZED TO AND SHALL. E. Pay any amount necessary to place the title in the condition necessary to satisfy Section II Paragraph I of this agreement and charge SELLER upon SELLER's approval. F. Pay any escrow fees charges and costs payable under Section II Paragraph 4 of this agreement and charge them 50% to SELLER and 50% to BUYER. -2- 1~/1j . .~ '-'\ G. Disburse funds and deliver Deed when conditions of this escrow have been fulfilled by BUYER and SELLER. The term "Close of Escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the Office of County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. If (except for deposit of BUYER, which shall be made by BUYER upon demand of Escrow Agent before close of escrow) this escrow is not in condition to close within gO days from date of these instructions, any party who then shall have fully complied with his instructions may, in writing, demand the return of his money or property; but if none have complied, no demand for return thereof shall be recognized until five (5) days after Escrow Agent shall have mailed copies of such demand to all other parties at their respective addresses shown in these escrow instructions, and if any objections are raised within said five (5) day period, Escrow Agent is authorized to hold all papers or documents until instructed by a court of competent jurisdiction or mutual instructions. If no demands are made, proceed with closing with escrow as soon as possible. Responsibility of Escrow agent under this Agreement is expressly limited to Section I and Section II Paragraphs I, 2, 3, 4, 5, 7, B, 10 and 12, and to its liability under any pOlicy of title insurance issued in regard to this transaction. 4. ESCROW FEES. CHARGES AND COSTS. BUYER and SELLER agree to evenly divide and to pay all usual fees, charges and costs which arise in this escrow. 5. OCCUPANCY BY SELLER. SELLER warrants that there are no oral or written leases on all or any portion of the property, and SELLER further agrees to hold BUYER harmless and reimburse BUYER for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of SELLER. It is understood and agreed that SELLER may continue in possession of the herein described property following close of escrow for a period not to exceed 365 days, provided SELLER enters into Rental Agreement with BUYER prior to the close of escrow. Said Rental Agreement shall be in BUYER'S approved form and shall provide for no rents to be paid to BUYER from close of escrow through the 365th day following close of escrow. 6. PERMISSION TO ENTER ON PREMISES. SELLER hereby grants BUYER, or its authorized agents, permission to enter upon the property at all reasonable times prior to the close of escrow for the purpose of making necessary or appropriate inspections. 7. COUNTERPARTS. This agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. B. CLOSING STATEMENT. SELLER hereby authori zes and instructs Escrow Agent to release a copy of SELLER's closing statement to BUYER; purpose being to ascertain if any reimbursements are due SELLER. 9. SMOKE DETECTORS. SELLER hereby certifies under penalty of perjury that smoke detectors are installed according to manufacturer's instructions in each dwelling unit and are in full operating condition pursuant to Health and Safety Code Section 13113.7 and local ordinances. -3- J5'/~ . ., Lu "'"ULV'V^,. Il1e property described In Partgraph 1 herelna~ove Is subject to a dIsclosure as designated under Section 2&3&9,7IOf the Health and Safely Codel whereby SELLER Is required to disclos~ If there are any lIazardous substances located on or beneath the property. It is understood and agreed between BUYER and SELLER that closing lof this escrow Is subject to and contingent ufon receipt and approval, of uld Disclosure Statement by aUYER. Said rev ew and approval wfll no~ be unnecessarily withheld or delayed by BUYER. 11. ~ZAnDOUS.....lQXIC, ~~ OtHER WAfE OR SUBSTANCES BUYER and SElLER miif(ijJly agree that SEL ER shall e solely responsIble for the removal :and dispOSal of any and all hazardous, toxic, or other waste substances stored or eXisting on or In or unoer the herein descrIbed properti, and that any and all heurdous, toxic, or other wuh Or .ubstanc,s shall be removed from the pl'emhes prior to tha close of escrow, 'or date Of SELLER'I vacation of the heraln delcrlbed real property, whlchover date first occurs. i . It is al~o understood end agreed that in the event SELLER fafls to remove seld ha~ardous and/or toxlo materIel., BUVER Ihall dfspose of seld materhl, at SELLER'I lole expense pursuant to 10Cll County. State or Federal Jaws lnd regulations. SELLER agrees .to 'Indemnlfy an hold BUYER, fts off1~ers and employees, harmless from any and all liability, costs, fine,. penalties, cherge., attorney's fees and/or claim of any kind whatsoev~r relating to the existence and removal of safd materIals. 12. Afcf~tANC$ OF THIS nCREtMFNT, It Is understood and agreed by SELLER that c os ng 0 thll I$crow Is .ubJect to and contingent upon acceptance end apprOVal ,by BUYER, Deposit into escrow of a fully executed copy of thU Agroemen~ constitutes accept,nce and approve 1 by BUYER. 13. SELLER h~rebY reserves the' right to remove the structures and flxtur81 located n tho hereinabove described real property known as 339, 341, and 365 Oran e Avenue, on or before the 365th day after close of escrow. Upon exe cillng said reserved right, SELLER covenants and agrees to remove a 1 combustible materials arid other rubbish upon completion of mOVing operations, leaving only concrete foundation and concrete flatwork In phce, provided, .however that all mudsf11 steel tlebolts and relnrorcipg steel protruding from said remaining concrete foundations, shall be removed or sheared at all exposed surfaces of the concrete foundatfohs, and In tha event there are holes or basements under any of tho bUIldings removed, upon completIon of mOVing operations, SELLER Shall construct, temporary barricadas around such holes or basements, to the Htlsfact~on of the BUVER. for the purpose of protectfng pedestrians and anfmah fjom falling i~to such holes and basements.. If said Improvements are not romoved In thei rent i rety, at SELLER's expanse, n or before said 365 days after close of eScrow for any reason whatsoeve , the right to romove $lid improvements Ihal\ terminate and DUYER sha 1 dispose of said Improvements as it may see fit, Without any furlher 0 ligation to SELLER. 14. AI.L1HC, flIDiT... It. Is further understood end agreed between BUYE~n S L R tnat the purchase price set forth in Section' I herelnaboye. represents an all Inclusive settlement In lieu of eminent domaIn, and Is full payment for Just compensation for the purchase of all propcrty fknterests Involved, and Htisftes any and all other paymonts that may e required br law arising out the purchase and diSf'acement and relocatio, and spec flca"y Includes but 11 not 11ml ed to. ell lnterelts of SELLER, and waives any claim for costs. attorney'. fees, Items Of.jmprovem. ents Pertaining to the Realty, pre-condemnation damages, relocatlo benefits. .loss of business goodWill, If any. end any and all claims wh eh might ar1~, out of BUYER'! p~rch!se of tfie r.~rvY~i~Y, :~ ~~ furlhera reel!' and understood that .$420,000 of the pure lase price Ih&1l be for re ocation of church operations and faci1ltiel. . SELLER a~knoWledgeS' that rights waived 1n this section have been 'explained, to m ~at luch waiVer Is knOWing, voluntary and Intel1igerlt," -. (SELLERS to Initial for acceptance.) 15.'ill I ~ e ER herebY' grants to SELLE~ as part of the consf ere Ion fer the lubJect propertYi and to hcl11tate relocation of th, ""In' tho'" " tho", .:~ o~;~;;,..., In $500,00'.00, I . r- C \., the Cily property on R1dgeback Road containing 1.&1 acras known as Assesso 's Parcel Number &92-192.17. Said Option to Purchas. sha" commenc with closa or Escrow on 339, 341, and 36& Orange Avenue end end after I 0 days. Said OptIon must ba exercised by registered mai' to the .community Development Dept.',! City of Chula Vista, 276 Fourth Avenue, Chula IstD, CA 91910. upon notification to eKerclse Option to purchas L SELLER shall have 30 days to open an escrow acceptable to BUYER and SEL tR and to deposit In CUh, $500,000.00 plus all escrow fees end clollngicosts. The tel'/lls, conditions, covenants and agreements let forth herein shall apply \0 and bind tn. heirl, executors, admInistrators, assigns and successqrs of the parties hereto. . I . Ih15 agl'eement contains the entire agreement betweon the parties, and nelther:party relies upon any. warranty or representation not contained In th Is agreemont.' . IN Wl1Nhs WH"REOF, tho part10$ hereto have executed this agreement the day and.y.ar first Jet forth hereinabove. "Ll~" lH1" ''" 00'" '"~'" ""'" TI 00. mTl.. '''''' Oato: ,;1--'.1.2-9/ BY: '" ;. G. Lt v. ston, Itrl , , Date; ':;-/:1- rr/ BY: I ADDRESS: 48* E. Los Angeles Avenue. Su te 228, Moorp~rk, CA 93021 I I PHONE: (895) 623-9085 'WE', lHE ~ nv or CH"~ "'" ; BUYER: ~HE ~ITY or CIlULA VISTA Datel.ill:!.l.JL 8Yl Datel ~ BY: , I I I WPC 466911 I , , c~ ~~~ 15-1? -5- '. PARCEL 4: THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PROPERTY BEING SHOWN ON LICENSED SURVEYORS MAP 9, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 27, 1892 AS A PORTION OF LOT 1 OF SUBDIVISION OF FRACTIONAL SOUTH ONE-HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 15 (SAID SUBDIVISION BEING SOMETIMES CALLED THOMAS SUBDIVISION) . PAGE 10 I~/~ (In (JI CHUlA VISTA COMMUNITY DEVELOPMENT DEPARTMENT February 21, 1991 Mike Livingston Western District of the Missionary Church 484 E. Los Angeles Ave. Suite 228 Moorpark, CA 93021 Dear Mr. Livingston: Thank you for your recent good-faith negotiations with the City of Chula Vista for the purchase of your property at 341 Orange Avenue. As I am sure you are aware, the acquisition of your property and the adjacent properties at the corner of Orange and Fourth Avenues has been a major goa 1 of the City and will result in the construction of an important community library. The purpose of this letter is to communicate to you that in addition to the $420,000 paid to the Missionary Church Association over and above the appraised value of your land, it is my intention that the City will continue to work with you and the 1 oca 1 congregati on to accompli sh your successful relocation to a new site. We stand ready to assist you in whatever way we can with the relocation process and development of your new facilities. In regards to the Centro de Fe and their relocation needs, we have also contacted Pastor Rodri guez and expressed our will i ngness to ass i s t them in finding new church facilities to rent in the south Chula Vista area. Aga in, thank you for your cooperati on in thi s matter of importance to the City of Chula Vista. Sincerely, ~ Chris Salomone Community Development Director CS:LA:aqc 1..Y/1 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 920101(619) 691-5047 .., --U';':J, 1990, and-theVL the Chula-vi-;t;VCi;ut:norit.y conferred b; by lts duly authoriz dgran~ee consents to thY Councll adopted on e offlcer. e recordation thereof " \\\\ ~ ~- . CITY COUNCIL AGENDA STATEMENT SUBMITTED BY: Item / " 17.J. ()S' Meeting Date 7/27/93 RESOLUTION Amending Resolution No. 16708 to Approve an Amended Form of Bond Indenture Pertaining to the Issuance of Bonds in Assessment District No. 90-2 (Otay Valley Road). Community Develop,Blent Director L.~' Finance Director CiAfP Director of Public Works, ( City Manager J4 \~ ~ 4 (4/Sths Vote: Yes No_l ITEM TITLE: REVIEWED BY: BACKGROUND: On June 23, 1992 the City Council approved the formation of the Assessment District for the widening of Otay Valley Road. On June 30, 1992, the City Council adopted Resolution No. 16708 authorizing the issuance of bonds, approving the form of the bond indenture and related documents (the "Resolution of Issuance"). On Monday, July 12, 1993 the City's Limited Obligation Improvement Bonds, Series A, Assessment District 90-2 were offered to prospective investors for the first time. However, the underwriting effort was met with resistance from the investors due to greater than ordinary risks associated with this assessment district including, but not limited to, toxic soils, endangered species and general recessionary impacts on the sales of industrial properties. In discussions with investors. these concerns were mostlv focused upon their possible impacts on the Otay Rio Business Park. comorisinl1. over 197 gross acres (see mao). and its auestionable ability to make assessment installment oavments. Over a two and one-half day order period, investors placed orders for less than 10 % of the bonds offered. Given the limited response from investors, the bonds could not be underwritten. After reviewing the status of the bonds and alternatives with the underwriters, Stone and Youngberg, it has been determined that additional credit enhancement would be necessary to secure payment of the Otay Rio Business Park's assessments in order to make the bonds marketable. In order to reduce the size of the assessments, the City has already agreed to obligate itself to advance funds to pay debt services on the Series A Bonds in the event of delinquencies in the payment of assessment installments. This obligation, as memorialized in the form of the bond indenture approved by the Resolution of Issuance is limited to 10 % of the principal amount of the Series A Bonds (approximately $700,000). The Council is requested to consider the modification of this obligation to advance funds to complete this proiect. Sale of the bonds is a condition precedent for the development of the oroposed Chula Vista Auto Park. RECOMMENDATION: That the Council adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. I~'I Page 2, Item ~ Meeting Date DISCUSSION: The Otay Rio Business Park (Phase I and II) comprises over 197 undeveloped (gross) acres of a total of 801 acres included in the Otay Valley Road Assessment District. The owners have attempted unsuccessfully to market the property for the past two years. In addition, acceptance of subdivision improvements for Phase I is still pending the resolution of several issues including the condition of on-site streets to be accepted by the City. The City is considering purchase of 30 acres for relocation of the public works yard within Phase II. Negotiations are near completion and escrow is anticipated to close within several months. The size of this property, the inability of the owners of the Park to sell parcels, and the state of the southern California economy present a considerable risk for potential purchasers of the bonds that assessments will be collectable. In the underwriters' opinion, the bonds will be marketable if the City amends its obligation to advance funds to guarantee that the assessment on the property will be paid even if the aggregate amount of such advances should exceed 10% of the principal amount of the Series A Bonds. The amount of the additional advance in each fiscal year during which the bonds are outstanding must be equal to the lesser of (i) the annual assessment installment on unimproved parcels within the Otay Rio Business Park ("unimproved" defined as those parcels which do not have facilities constructed for which a Certificate of Occupancy has been issued) or (ii) the amount of delinquent assessment installments on the Otay Rio Business Park properties. At a minimum, this obligation to advance funds could equal $0 (when the Otay Rio Business Park remains current on its installments) to a maximum of $225,000 (the full amount of estimated annual installments on the Otay Rio Business Park properties) . Source of revenue for such advances could include Agency tax increments, Development Impact Fees, transit and/or gas tax funds. An additional recommended source is the purchase funds for the proposed public services yard site. The latter funds, totalling over $2 million have been budgeted along with funds to payoff the proportionate share of assessments on the 30 acres (approximately $600,000). If the sale goes through, ample purchase funds could be withheld to secure at least one year's assessment for the remaining unimproved business park property. If the sale does not go through, it may be possible to reallocate sufficient funds to provide the credit enhancement. Any additional advances will be secured by the property. In the event of default by the owners, the City will have to pay delinquent assessments and may initiate foreclosure proceedings within six months following the default. (Tax lien foreclosures cannot be initiated for five years.) Discussions are continuing with the owners of Otay Rio Business Park concerning credit enhancement secured by the property. They have indicated that their cooperation will be conditioned upon resolution of issues impacting acceptance of the improvements associated with their development and purchase of the public services yard site. The bond underwriter, Stone & Youngberg, has stated that given these changes to the bond structure, the firm would commit to underwrite bonds at interest levels not exceedinl! those oril!inallv offered to investors. I~ ..-2. Page 3, Item ~ Meeting Date City staff is continuing discussions with the underwriters, legal counsel and property owner and will report any changes in the status of this proposal at the Council meeting. Since the expeditious sale of bonds is crucial at this time in order to move forward with the auto park project, it is recommended that the Council approve the amendment of its obligation of advance funds by the City and direct staff to report back concerning the most appropriate funding source for this purpose at the next meeting. FISCAL IMPACT: The City has already obligated itself to advance funds for the payment of debt service on the Bonds in an amount not to exceed 10% of the principal amount of the Bonds. This equals to an obligation of approximately $700,000. In addition, the underwriters have requested credit enhancement to cover $2.1 million assessment in the Gtay Rio Business Park. Depending upon the interest rate on the bonds, the annual debt service could equal up to $225,000. The City is requested to agree to advance the amount of the total annual debt service on unimproved property (assessments for "improved" parcels would not have to be secured) even if such advance should exceed the above 10 % limit. The City will only be required to expend these funds in the event the owner does not pay annual assessments. Any funds expended by the City would be secured by the property. Absent bankruptcy proceedings, the statutory waiting period to file for foreclosure in the event of default is relatively short (6 months). The estimated value of the entire business park is currently estimated at $17 - $20 million. (Berlinlasmtdist.a13) I~"';J I. Zl . 11 It I! 27 37 IZ II II I. .! 31 , " ! I ~ I , .~ l'in. o FEE RECOVERY OTAY VALLEY DISTRICT ROAD IMPROVEMENTS '51 .! .. .. PHASE I PHASE. :It ,., SIGNAL - - DISTRIC T BOUNDARY PARCEL BOUNDARY " N .. J < o ~ o z (JTAY RIO BuS, PAR)(.. 141 RESOLUTION NO. 17:Jd5" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO. 16708 TO APPROVE AN AMENDED FORM OF INDENTURE PERTAINING TO THE ISSUANCE OF BONDS IN ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, did undertake and conduct proceedings for the installation of certain public improvements in a special assessment district pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the streets and Highways Code of the State of California, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) (hereinafter referred to as the "Assessment District"); and, WHEREAS, this legislative body has, by the adoption of Resolution No. 16708, previously authorized the issuance of bonds to finance said improvements pursuant to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of said Code; and, WHEREAS, by the adoption of Resolution No. 16708 this legislative body did approve the form of the Bond Indenture substantially in the form presented to this legislative body, which Bond Indenture did establish all formal terms and conditions relating to the authorization, issuance and administration of said bonds; and, tv WHEREAS, the provisions of Section 20 of the Bond Indentue did obligate the City to advance available funds to cure any deficiency or delinquency which may occur in the redemption fund established for such bonds by failure of property owners to pay annual special assessments; provided, however, that such obligation was limited to an aggregate amount not to exceed 10% of the principal amount of the bonds so issued; and, WHEREAS, this legislative body desires to amend Resolution No. 16708 to approve an amended form of the Bond Indenture to modify the obligation of the City to advance available funds to cure any such deficiency or delinquency. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the amended form of Bend Indenture attached hereto is approved in the form substantially presented herein and such amended form of Bond Indenture shall supercede the form of Bond Indenture previously approved in Resolution No. 16708. Such amended form of Bond Indenture shall be subject to such modifications as deemed necessary and as approved by the Finance Director. Final approval of the Bond Indenture shall be conclusively evidenced by the signature of the Finance Director. A copy of said Bond Indenture shall be kept on file with the transcript of these proceedings and open for public inspection. 1/,-5' SECTION 3. All other terms and conditions as contained in Resolution No. 16708 shall remain in full force and effect. Presented by Approved as to form A John P. Lippitt Public Works Director Bruce M. Boogaard City Attorney /~ '~ PASSED, APPROVED, and ADOPTED by the City Chula Vista, California, this day of by the following vote: Council of the City of 1993, AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ss. I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council held on the day of , 1993. Executed this day of , 1993. Beverly A. Authelet, City Clerk It'7 / /6--S BOND INDENTURE This Bond Indenture (the "Indenture") dated as of April 2, 1993, is entered into and approved by the City of Chula Vista (the "Issuer") to establish the terms and conditions pertaining to the issuance of bonds in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) (the "Assessment District"). SECTION 1. Issuance, Designation and Amount. Pursuant to the provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, as amended (the "Act"), the Issuer does hereby authorize and direct the issuance and sale of a seri es of bonds to represent a portion of the unpaid assessments on certain private property within the Assessment District, which bonds are hereby designated as the Ci ty of Chul a Vi sta Assessment Di stri ct No. 90-2 (Otay Valley Road) Limited Obligation Improvement Bonds, Series A" (the "Bonds"). SECTION 2. Unpaid Assessments. The Issuer shall determine the assessments which are unpai d and the aggregate amount thereof as authori zed by Sect i on 8621 of the Streets and Hi ghways Code of the State of Cali forn; a and shall issue Bonds in an aggregate principal amount equal to the deter- mined amount of unpaid assessments. Unpaid assessments means the aggre- gate amount of unpaid assessments on nonpublic lands in the Assessment Di stri ct other than the Excl uded Assessments. "Exc 1 uded Assessments" means the unpaid assessments against the parcels stated in Exhibit liB" hereto, whi ch parcels are not e 1 i gi b le for development as of the date hereof, and would be, if included as security for the Bonds, an impair- ment to the security for the Bonds. The Excluded Assessments are the subject of that certain Assessment District No. 90-2 Reimbursement Agreement dated as of March 9, 1993, among the Issuer, the Redevelop- ment Agency of the Issuer and the property owner pursuant to which the Issuer may, at such time as the parcels subject to the Excluded Assess- ments become developable, issue, sell and deliver Series B bonds secured solely by the Excluded Assessments. SECTION 3. Term of Bonds. As shown on Exhibit "A" hereto, the Bonds shall mature a maximum of and not to exceed twenty-four (24) years from the second day of September next succeeding twelve (12) months from thei r date. The provisions of Part 11.1 of the Act, providing an alternative proce- dure for the advance payment of assessments and the calli ng of Bonds shall apply. The Bonds shall be subject to refunding pursuant to Divi- sion 11.5 of the Streets and Highways Code of the State of California. SECTION 4. Registered Bonds. The Bonds shall be issuable only as fully registered Bonds in the denomination of $5,000, or any integral multiple thereof, except for one bond maturing in the first year of maturity, which shall i nc 1 ude the amount by wh i ch the tot a 1 issue exceeds the maximum integral multiple of $5,000 contained therein. 1 1/'''1 SECTION 5. Date of Bonds. The Bonds shall be dated April 2, 1993 and interest shall accrue from that date at the rates set forth in Exhibit "A" hereto. SECTION 6. Maturity and Denomination. The Bonds shall be issued in serial and term form, with annual maturities on September 2nd of every year succeeding twelve (12) months after their date, until the whole is paid. The principal amount payable each year, taking into consideration mandatory sinking fund redemptions, shall result in approximately equal annual debt service during the term of the issue considering the interest rate and principal amount payable in the respective years, is as shown in Exhibit "A" attached hereto and in Section 9 hereto. Interest. Interest is payable each March 2 and September 2 (each being an interest payment date), commencing September 2, 1993. Each Bond shall be of a single maturity and shall bear interest at the rate as set forth in the accepted bid proposal for said Bonds from the interest payment date next preceding the date on which it is authenticated and registered, (i) unless said Bond is authenticated and registered as of an interest payment date, in which case it shall bear interest from sai d interest payment date, (i i) un 1 ess sai d Bond is authent i cated and registered prior to the first interest payment date, in which case it shall bear interest from its date, or (iii) unless interest is in default on said Bond on such date, in which case it shall bear interest from the last date on which interest was paid in full or from its dated date if no interest has been paid, until payment of its principal sum has been discharged. Interest shall be calculated on the basis of a 360 day year composed of twelve 30-day months. Interest on said Bonds shall be paid by check mailed (or, in the case of any owner of not less than $1,000,000 principal amount of the Bonds who so requests in writing prior to the close of business on the fifteenth day preceding each interest payment date, by wire transfer) to the registered owner thereof on each interest payment date at his or her address as it appears on the books of registration, or at such address as may have been filed with the Paying Agent for that purpose, as of the 15th day immedi ate ly precedi ng sai d interest payment date, whether or not such day is a business day. SECTION 8. Pl ace of Payment. The principal on the Bonds shall be payable in lawful money of the United States of America upon surrender of the Bond at the office of Bank of America National Trust and Savings Association in San Francisco, California, the designated registrar, transfer agent and paying agent of the Issuer ("Paying Agent"), or such other registrar, transfer agent or paying agent as may be designated by subsequent Resolution of the Issuer. SECTION 7. SECTION 9. Redem~tion. The first series of Bonds shall be subject to redemption as fo lows: A. Optional. The Bonds shall be subject to optional redemption and payment in advance of maturity, in whole or in part, on the 2nd day of March or September in any year, from any source of funds, at the 2 I~ 'IP following redemption prices, expressed as a percentage of the pri ncipa 1 amount redeemed, together with accrued interest to the date of redemption: 103% if redeemed on or before September 2, 2003 102% if redeemed on March 2 or September 2, 2004 101% if redeemed on March 2 or September 2, 2005 100% if redeemed on March 2, 2006 and thereafter. If less than all outstanding Bonds are called for optional redemp- tion, the Issuer not less than 45 days prior to the redemption date sha 11 se 1 ect Bonds for redempt i on in such a way that the rat i 0 of outstanding Bonds to issued Bonds shall be approximately the same in each annual maturity insofar as possible. Within each annual maturity Bonds shall be selected for redemption by lot. B. Mandatory Sinking Fund. The Bonds maturing on September 2, 2017 (the "Term Bonds") are subject to mandatory sinking fund redemption by lot at a redemption price equal to the principal amount thereof, plus accrued interest to the redemption date, without premium, on each September 2 in the years and for the amounts listed below: Date (September 2) 2008 $ 2009 2010 2011 2012 2013 2014 2015 2016 2017 (maturity) Amount In the event of any optional, partial redemption of the Term Bonds, the amounts in the foregoing schedule shall be reduced pro-rata among redemption dates in order to maintain substantially level Annual Debt Services (as herein defined). C. Partial Redemption. If less than all of the outstanding Bonds are to be redeemed, the port i on of any Bond of a denomi nat i on of more than $5,000 to be redeemed shall be in the principal amount of $5,000 or an integral multiple thereof, and, in selecting portions of such Bonds for redempt i on, the payi ng Agent shall treat each such Bond as representing that number of Bonds of $5,000 denomina- tions which is obtained by dividing the principal amount of such Bond to be redeemed in part by $5,000. Upon surrender of any Bond to be redeemed in part only, the Paying Agent shall authenticate and deliver to the owner, as the expense of the Issuer, a new Bond or Bonds of authorized denominations equal in aggregate principal amount to the unredeemed portion of the Bond surrendered, with the 3 1/'''11 same interest rate and the same maturity date. Such partial redemp- tion shall be valid upon payment of the amount required to be paid to such owner, and the Issuer and the Paying Agent shall be released and discharged thereupon from all liability to the extent of such payment. D. Notice. Notice of redemption of Bonds shall be provided at least 30 days in advance of the redemption date by registered or certi- fied mail or by personal service to the respective registered owners thereof at thei r addresses as they appear on the regi stra- tion books of the Registrar. Neither the failure of any registered owner to receive redemption notice nor any defend in such notice so given shall affect the sufficiency of the proceedings for the redemption of such Bonds. The Issuer shall provide instructions to the Paying Agent to effect sinking fund redemptions at least 45 days prior to each redemption date. SECTION 10. JReservedJ. SECTION 11. Exchange of Registered Bonds. Fully registered Bonds may be exchanged at the offi ce of the payi ng Agent in San Franci sco, Cali forni a, for a like aggregate principal amount of Bonds of the same interest rate and maturity, subject to the payment of taxes and governmental charges, if any, upon surrender and cance 11 at i on of thi s Bond. Upon such transfer and exchange, a new registered Bond or Bonds of any authorized denomina- t i on or denomi nat ions of the same maturity for the same aggregate principal amount will be issued to the transferee in exchange therefor. SECTION 12. Books of Registration. There shall be kept by the Paying Agent suffi- cient books for the registration and transfer of the Bonds and, upon presentation for such purpose, the Paying Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said register, Bonds as herei nbefore prov i ded. . SECTION 13. Execution of Bonds. The Bonds shall be executed manually or in facsi- mile by the Treasurer and by the City Clerk, and the corporate seal may be imprinted manually or in facsimile on the Bonds. The Bonds shall then be de livered to the payi ng Agent for authent i cat ion and regi stra- t i on. In case an offi cer who shall have signed or attested to any of the Bonds by facs imil e or otherwi se shall cease to be such offi cer before the authentication, delivery and issuance of the Bonds, such Bonds nevertheless may be authenticated, delivered and issued, and upon such authentication, delivery and issue, shall be as binding as though those who signed and attested the same had remained in office. SECTION 14. Authentication. Only such of the Bonds as shall bear thereon a certifi- cate of authentication substantially in the form below, manually executed by the Paying Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Indenture, and such certifi- cate of the transfer agent and registrar shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and del ivered hereunder, and are entitled to the benefits of this Indenture. 4 /1. -/.2. SECTION 15. SECTION 16. SECTION 17. FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION This bond has been authenticated and registered. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION as Transfer Agent, Registrar and Paying Agent Date: By: Negotiability, Registration and Transfer of Bonds. The transfer of any Bond may be registered only upon such books of registration upon surrender thereof to the Paying Agent, together with an assignment duly executed by the owner or his attorney or legal representative, in satis- factory form. Upon any such registration of transfer, a new Bond or Bonds shall be authent i cated and deli vered in exchange for such Bond, in the name of the transferee, of any denomination or denominations authorized by this Indenture, and in an aggregate principal amount equal to the principal amount of such Bond so surrendered. In all cases in which Bonds shall be exchanged or transferred, the Paying Agent shall authenticate at the earliest practical time, Bonds in accor- dance with the provisions of this Indenture. All Bonds surrendered in such exchange or registration of transfer shall forthwith be cancelled. The Paying Agent may make a charge for every such exchange or registra- tion of transfer of Bonds sufficient to reimburse it for any tax or other governmental charge required to be paid with respect to such exchange or registration of transfer. No transfer of fully registered Bonds shall be requi red to be made between the fi fteenth (15th) days preceding each interest payment date, nor during the fifteen (15) days preceding the selection of any Bonds for redemption prior to the maturity thereof, nor with respect to any Bond which has been selected for redemption prior to the maturity thereof. ownershi~ of Bonds. The person in whose name any Bond shall be registere shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal and redemption premium, if any, of any such Bond, and the interest on any such Bond, shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the redemption premium, if any, and interest thereon, to the extent of the sum or sums so paid. Mutilatedl Destroyed, Stolen or Lost Bonds. In case any Bond secured hereby snall become mutilated or be destroyed, stolen or lost, the Issuer shall cause to be executed and authenticated a new Bond of like date and tenor in exchange and substitution for and upon the cancella- tion of such mutilated Bond or in lieu of and in substitution for such Bond mutilated, destroyed, stolen or lost, upon the owner's paying the reasonab 1 e expenses and charges in connection therewith, and, in the case of a Bond destroyed, stolen or lost, his filing with the Paying Agent and I ssuer of evi dence sat i sfactory to them that such Bond was destroyed, stolen or lost, and of his ownership thereof, and furnishing the Paying Agent and Issuer with indemnity satisfactory to them. 5 1/."';] SECTION 18. Cancellation of Bonds. All Bonds paid or redeemed, either at or before maturi ty, sha 11 be cancelled upon the payment or redempt i on of such Bonds, and deli vered to the Issuer. Upon wri tten di rect i on from the Issuer, Bonds may be destroyed by the Paying Agent, as allowed by law. A certificate of destruction shall be provided to the Issuer. The Issuer agrees to reimburse the Paying Agent's costs incurred with the microfilming or other required permanent recording, if any, related thereto. SECTION 19. Creation of Funds. The Treasurer of the Issuer is hereby authorized and directed to establish and maintain the following funds for purposes of making payment for the costs and expenses for the works of improve- ment and payment of principal and interest on the Bonds. The funds to be created are des i gnated, and the terms and conditions of the funds are, as follows: IMPROVEMENT FUND: The proceeds from the sale of the Bonds, after depos it of requi red amounts in the Reserve Fund and Redempt i on Fund, shall be placed in the Fund hereby created, pursuant to Sections 10602 and 10424 of the California Streets and Highways Code, as amended, which shall be called the "Improvement Fund", and the monies in said Fund shall be used only for the purposes authorized in said assessment proceedings, and specifically to pay for the costs and expenses of the acquisition of the authorized public capital improvements, together with a 11 i nci denta 1 expenses. Any surplus in the Improvement Fund after completion of the improvements shall remain in the Improvement Fund for a peri od of not 1 ess than two (2) years from the recei pt of Bond proceeds as provided in Section 10427.1 of the California Streets and Highways Code, and thereafter shall be utilized or distributed as determined by the Issuer and authorized by the Act. REDEMPTION FUND: The Treasurer is hereby authori zed and di rected to keep a Redemption Fund designated by the name of the proceedings, into which he shall place accrued interest, if any, on the Bonds from the date of the Bonds to the date of deli very to the init i a 1 purchaser thereof, all sums recei ved for the collect i on of the assessments and the interest thereon, together with all penalties, if applicable. Principal of and interest on said Bonds shall be paid to the registered owner out of the Redempt i on Fund so created (pursuant to Sect i on 8671 of the California Streets and Highways Code). Accrued interest paid by the purchaser of the Bonds, if any, shall be deposited in the Redemp- tion Fund. In all respects not recited herein, the collection of assessment installments and the Redemption Fund shall be governed by the provisions of the Act. Under no circumstances shall the Bonds or interest thereon be paid out of any other fund except as provided by law. SECTION 20. Issuer Liability. It is hereby further determined and declared that the Issuer hereby obl igates itself to advance each March 2 and September 2 any avail ab 1 e funds to cure any defi ci ency or de 1i nquency which may occur in the Redemption Fund by failure of property owners to pay annual assessment installments. The Issuer's obligation to advance funds to cure a deficiency in the Redemption Fund shall be 1 imited in outstandi ng, aggregate amount to the sum of $851,354.92 (the "Advance 6 I~ -Ii Ob 1 i gat ion"); provided, however, the City agrees to ob 1 i gate i tse lf to advance available funds in excess of such Advance Obligation if and to the extent that any such advance is required to cure any deficiency in the Redemption Fund resulting from the failure by the owners of the properti es represented by Assessment Numbers 102 through 150, i nc 1 u- sive, as shown upon the Assessment Diagram of the Assessment District filed in the Office of the County Recorder of San Diego County on June 25, 1992, in Book 26, Page 39, Document No. 92-0397322, Maps of Assess- ment Districts to pay the annual assessment installments on such proper- ties, or any of them, when due and payable. Amounts so advanced wi 11 be repaid to the Issuer from proceeds derived from the redemption or foreclosure of property with respect to which an assessment installment is unpai d and from payments of th"e del i nquent assessments, and to the extent of such repayment to the Issuer, the Issuer's obligation to advance funds shall be reinstated. The Issuer declares that it does not ob1 igate itself to advance funds to cure any deficiency in the Redemption Fund other than as covenanted in this Section 20. SECTION 21. Covenant for Superior Court Foreclosure. In the event of del inquency in the payment of any installments of unpaid assessments, the Issuer does covenant for the benefit of the owners of the Bonds that it wi 11 review assessment records of the County not later than February 15 and June 15 of each year to determi ne the amount of the assessments co 11 ected in the current fi sca 1 year. The Issuer shall commence fore- closure action(s) on all parcels for which the payment of assessment installments are del inquent in the Superior Court of the State of California (Part 14, Division 10, "Improvement Bond Act of 1915", Streets and Highways Code) no later than April 1 (with respect to the February 15 determination) or August 1 (with respect to the June 15 determination) and diligently prosecute and pursue such foreclosure proceedi ngs to judgment and sale. The Fi nance Di rector shall not ify the Mayor and City Council and the City Attorney of anu del inquency requiring the commencement of a foreclosure action pursuant hereto and the City Attorney shall commence, or cause to be commenced, such proceedings. SECTION 22. Covenant to Maintain Tax-Exem t Status. The Issuer covenants that it Wl not ma e any use 0 t e proceeds of the Bonds issued hereunder wh i ch wou 1 d cause the Bonds to become "arbitrage bonds" subject to Federal income taxation pursuant to the provisions of Section 148(a) of the Code, or to become "Federally-guaranteed ob 1 i gati ons" pursuant to the provisions of Section 149(b) of the Code, or to become "private act i vity bonds" pursuant to the provi s ions of Section 141 (a) of the Code. To that end, the Issuer will comply with all applicable require- ments of the Code and all regulations of the United States Department of Treasury issued thereunder to the extent such requi rements are, at the time, applicable and in effect. Additionally, the Issuer agrees to imp 1 ement and fo 11 ow each and every recommendat i on prov i ded by bond counse 1 and deemed to be necessary to be undertaken by the I ssuer to ensure compliance with all applicable provisions of the Code in order to preserve the exemption of interest on the Bonds from Federal income taxation. 7 I~,/f SECTION 23. Covenants Regarding Arbitrage. The Issuer shall not take nor permit or suffer to be taken any action with respect to the gross proceeds of the Bonds as such term is defined under the Code which, if such action had been reasonab ly expected to have been taken, or had been deli berate ly and intentionally taken, on the date of issuance of the Bonds, would have caused the Bonds to be "arbitrage bonds" withi n the meani ng of Section 148 of the Code and the regulations promulgated thereunder. The Issuer shall calculate Excess Earnings in accordance with the Rebate Instructions attached hereto as Exhibit "c" and incorporated herein by this reference, and shall pay Excess Earnings to the United States of America in accordance with the Rebate Instructions. Notwithstanding the foregoing, the Rebate Instructions may be modified, in whole or in part, without the consent of the owners of the Bonds, upon receipt by the Issuer of an opinion of Bond Counsel to the effect that such modification shall not adversely affect the exclusion from gross income of interest on the Bonds then Outstanding. SECTION 24. Order to Print and Authenticate Bonds. The Treasurer is hereby instructed to cause Bonds, as set forth above, to be typed or printed, and to proceed to cause said Bonds to be authenticated and delivered to an author i zed representative of the purchaser, upon payment of the purchase price as set forth in the accepted proposal for the sale of Bonds. SECTION 25. Arbitrage Certificate. On the basis of the facts, estimates and circum- stances now in existence and in existence on the date of issue of the Bonds, as determined by the Treasurer, said Treasurer is hereby autho- rized to certify that it is not expected that the proceeds of the issue will be used in a manner that would cause such obligations to be arbi- trage Bonds. Such cert ifi cat ion shall be deli vered to the purchaser together with the Bonds. SECTION 26. Amendments or Supplements. The Issuer may, by adoption of a resolution from time to time, and at any time, without notice to or consent of any of the Bondowners, approve an amendment or supplemental indenture hereto for any of the following purposes: (a) to cure any ambiguity, to correct or supplement any provision here- in which may be inconsistent with any other provision herein, or to make any other provision with respect to matters or questions arising under this Indenture or in any supplemental indenture, provided that such act i on shall not materi ally adversely effect the interests of the Bondholders; (b) to add to the covenants and agreements of and the 1 imitations and the restrictions upon the Issuer contained in this Indenture, other covenants, agreements, 1 imi tat ions and restri ct ions to be observed by the Issuer which are not contrary to or inconsistent with this Indenture as theretofore in effect; (c) to modify, alter, amend or supplement this Indenture in any other respect which is not materially adverse to the interests of the Bondowners; 8 I" -;" (d) to maintain the tax exempt status of the interest payable on the Bonds; or (e) to issue additional bonds as provided in Section 27 hereof. Excl usive of the supplemental indentures hereto provided for in the first paragraph of this Section 26, the Owners of not less than 60% in aggregate principal amount of the Bonds then Outstanding shall have the right to consent to and approve the adoption by the Issuer of such supp 1 ementa 1 indentures as shall be deemed necessary or des i rab 1 e by the Issuer for the purpose of waiving, modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provi- sions contained in this Indenture; provided, however, that nothing herein shall permit, or be construed as permitting, (a) an extension of the maturity date of the principal of, or the payment date of interest on, any Bond, (b) a reduction in the principal amount of, or redemption premium on, any Bond or the rate of interest thereon, (c) a preference or priority of any Bond or Bonds over any other Bond or Bonds, or (d) a reduction in the aggregate principal amount of the Bonds the Owners of which are required to consent to such resolution or order, without the consent of the Owners of all Bonds then outstanding. SECTION 27. Additional Bonds. The Issuer may issue from time to time additional bonds upon the unpaid assessments in an amount not to exceed the total amount of unpaid assessments then existing less the principal amount of Bonds previ ous ly issued for, and secured by, the unpai d assessments. Additional bonds issued pursuant to this Section 27 shall be on a parity with the Bonds. IN WITNESS WHEREOF, the Issuer has executed this Bond Indenture effective the date first written hereinabove. FINANCE DIRECTOR CITY OF CHULA VISTA STATE OF CALIFORNIA 9 It. "'/7//6--F/ CITY OF CHULA VISTA ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) EXHIBIT "A" MATURITY SCHEDULE YEAR PRINCIPAL MATURING 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2017 (Term Bond) $ 10 I~ -/<{' INTEREST RATE CITY OF CHULA VISTA ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) EXHIBIT "B" EXCLUDED ASSESSMENTS 11 II, '/1 CITY OF CHULA VISTA ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) EXHIBIT "C" ARBITRAGE REBATE INSTRUCTIONS This document sets forth instructions regarding the investment and disposition of moni es depos ited in vari ous funds and accounts estab 1 i shed in connection with the issuance by the City of Chula Vista ("Issuer") of its Assessment District No. 90-2 (Otay Valley Road) Limited Obligation Improvement Bonds, Series A in aggregate principal amount of $ ("Bonds"). The purpose of these instructions is to provide the Issuer with information necessary to ensure that the investment of the monies in the funds and accounts described herein will comply with the arbitrage requirements imposed by the Internal Revenue Code of 1986 and the regulations issued thereunder. DEFI N IT IONS For purposes of these instructions, the following terms shall have the meanings set forth below: Bond Year. The term "Bond Year" means each 12 month period (or shorter period from the date of issuance) that ends at the close of business on a date selected by the Issuer. Code. The term "Code" means the Internal Revenue Code of 1986, as amended. De 1 i very Date. The term "Deli very Date" means , 1992. Excess Investment Earnings. The term "Excess Investment Earnings" means an amount equal to the sum of: (1) The excess of (a) The aggregate amount earned from the Deli very Date of the Bonds on a 11 Nonpurpose Investments in which Gross Proceeds of the Bonds are invested, over (b) The amount that would have been earned if the Yield on such Nonpurpose Investments had been equal to the Yield on the Bonds, plus (2) Any income attributable to the excess described in paragraph (1). In determining Excess Investment Earnings, (i) any gain or loss on the disposition of a Nonpurpose Investment shall be taken into account and (ii) any amount earned on a bona fide debt service fund shall not be taken into account. Capita 1 i zed terms herein that are not defined herei n sha 11 have the meani ng set forth in the Bond Indenture. 12 I ~'.2.f) Gross Proceeds. The term "Gross Proceeds" means the following: (1) Original proceeds, i.e., the amount received by the Issuer as a result of the sale of the Bonds and any amounts actually or constructively received from investing the amount received from the sale of the Bonds; (2) Amounts, other than ori gi na 1 proceeds, in the Reserve Fund and in any other fund established as a reasonably required reserve or replacement fund; (3) Amounts, other than as specified above, that are reasonably expected to be or are used to pay debt service with respect to the Bonds; and, (4) Amounts received as a result of investing amounts described above. Investment Property. The term "Investment Property" means any security, ob 1 i gat i on, annuity contract or investment-type property in whi ch Gross Proceeds are invested, excluding, however, the following: (a) United States Treasury - State and Local Government Series, Demand Deposit secu rit i es; and (b) tax-exempt obligations. For purposes of these Instructions, the term "tax-exempt obligations" shall include only obl igations the interest on which is (i) excludable from gross income for federal income tax purposes and (ii) not treated as an item of tax preference under Section 57(a) (5) of the Code. The term "tax-exempt obligation" shall, however, also include stock in a "qualified regulated investment company," which is a corporation that (i) is a regulated investment company withi n the meani ng of Sect i on 851 (a) of the Code and meets the requirements of Section 852(a) of the Code for the taxable year; (i i) has on ly one class of stock authori zed and outstandi ng; (i i i) invests all of its assets in tax-exempt obl igations (as defined above) to the extent practic- able; and (iv) has at least 98% of its gross income derived from interest on, or gain from the sale or other disposition of, tax-exempt obligations, or the weighted average value of its assets is represented by investments in tax-exempt obligations. Nonpurpose Investment. The term "Nonpurpose Investment" means any Investment Property which is acquired with the Gross Proceeds of the Bonds and is not acquired in order to carry out the governmental purpose of the Bonds. Purchase Pri ce. The term "Purchase Pri ce", for the purpose of computat i on of the Yield of the Bonds, has the same meaning as the term "Issue Price" in Sections 1273(b) and 1274 of the Code, and, in general, means the initial offering price to the publ ic (not including bond houses and brokers, or similar persons or organiza- tions acting in the capacity of underwriters or wholesalers) at which price a substant i a 1 amount of each maturity (at 1 east 10 percent) of the Bonds was sold. The term "Purchase Price", for the purpose of computation of Yield of Nonpurpose Investments means the fair market value of the Nonpurpose Investment on the date of use of Gross Proceeds of the Bonds for acquisition thereof, or if later, on the date that Investment Property constituting a Nonpurpose Investment becomes a Nonpurpose Investment of the Bonds. Regulations. The term "Regulations" means temporary and permanent Regulations promulgated under Section 148 of the Code. 13 1~'.2J Yield. The term "Yield" means that discount rate which, when used in computing the present value of all payments of principal and interest (or other payments in the case of Nonpurpose Investments which require payments in a form not characterized as principal and interest) on a Nonpurpose Investment or on the Bonds produces an amount equal to the Purchase Pri ce of such Nonpurpose Investment or the Bonds, all computed as prescribed in applicable Regulations. The yield on Nonpurpose Investments must be computed by the use of the same frequency interval of compounding interest as is used with respect to the Bonds. REBATE REQUIREMENT No later than the last day of the fifth Bon Year, eac succee lng 1 t Bond Year and on the date the last Bond is discharged, the Issuer shall calculate or cause to be calculated the Excess Investment Earnings. This calculation shall be made or caused to be made by the Issuer in accordance with the following rules: (1) For purposes of calculating the Yield on any investment as required under these Ins t ruct ions, the purchase pri ce of the investment wi 11 be the fai r market pri ce of the investment on an estab 1 i shed market. Thi s means that the Issuer wi 11 not pay a premi um and wi 11 not accept a lower interest rate than is usually paid to adjust the Yield on an investment. The market price of certificates of deposit issued by a commercial bank may be regarded as being at a fair market price if they are determined by reference to the bona fide bid price quoted by a dealer who maintains an active secondary market in such cert ifi cates, or, if no secondary market ex i sts, by sat i sfyi ng subparagraph (3) below relating to investment agreements. Investments pursuant to an investment agreement may be regarded as being made at a fair market price if (i) at least three (3) bids are received on the investment contract from persons without an interest in the Bonds; (i i) the winning bidder provides a certificate that, based on its reasonable expecta- t ions on the date the investment agreement is entered into, investments wi 11 not be purchased or sole at a pri ce other than thei r fai r market val uej (i i i) the yi e 1 d on the investment agreement is at 1 east equal to the yi e 1 d offered under the highest bid received from a non-interested party; and (iv) the yield on the investment agreement is at least equal to the yield offered on similar contracts. (2) (3) (4) For other investments traded on an established market, the fair market price sha 11 be the mean between the bi d and offered pri ces for such ob 1 i gat ions on the date of purchase or, if subsequent thereto, the date the investment becomes a Nonpurpose Investment. (5) Where amounts must be restricted to a certain Yield and investments cannot be purchased on an estab 1 i shed market or a bona fi de fai r market pri ce cannot be established at a Yield that does not exceed the maximum permissible Yield, the Issuer may acquire or hold tax-exempt securities, currency or United States Treasury Certificates of Indebtedness, Notes and Certificates - State and Local Government Series ("SLGs") that Yield no more than the maximum permissible Yield. SLGs are available at the Federal Reserve Bank. 14 I(,....).A Payment to United States. The Issuer shall payor cause to be paid an amount equal to Excess Investment Earni ngs (after app 1 i cat i on of any avail ab 1 e credi ts) to the United States of America in installments with the first payment to be made not later than thi rty (30) days after the end of the fi fth Bond Year, and with subsequent payments to be made not later than five (5) years after the preceding payment was due. The Issuer shall assure that each such installment is in an amount equal to at least ninety percent (90%) of the Excess Investment Earnings with respect to the Bonds as of the close of the computat i on peri od. Not 1 ater than sixty (60) days after the retirement of the Bonds, the Issuer shall payor cause to be paid to the United States one hundred percent (100%) of the theretofore unpaid Excess Investment Earnings of the Bonds. The Issuer shall remit payments to the United States at the address prescribed by the Regulations as the same may be from time to time in effect wi th such reports and statements as may be prescri bed by such Regul at ions. The Issuer shall assure that such payments are made to the United States on a timely basis from any funds lawfully available therefor. Further Obl igation of Issuer. The Issuer shall assure that Excess Investment Earnings are not paid or disbursed except as provided in these instructions. To that end, the Issuer shall assure that investment transactions are on an arms-length basis. In the event that Nonpurpose Investments consist of certificates of deposit or investment contracts, investment in such NonPurpose Investments shall be made in accordance with the procedures described in applicable Regulations as from time time in effect. REBATE EXCEPTIONS. Absent an opinion of nationally recognized bond counsel, the exception of Section I48(f) (4) (C) of the Code will be considered satisfied only if either the Six-Month Exception (set forth in subparagraph (1) below) or the Two-Year Exception (set forth in subparagraph (2) below) is satisfied. If either of such requirements is satisfied, the Rebate Requirement will be treated as having been satisfied. (1) Six-Month Exce~. The Six-Month Exception will be treated as having been satisfied if a Gross Proceeds of the Bonds are expended for the governmental purposes of the Bonds no 1 ater than the day that is six (6) months after the date of deli very of the Bonds, and if all amounts, if any, determi ned to be required to be paid to the United States Treasury in compliance with the Rebate Regulations are paid to the United States Treasury. Gross Proceeds which are held in the Reserve Fund and Gross Proceeds which arise after such six (6) months and which were not reasonably anticipated as of the date of delivery of the Bonds shall not be considered Gross Proceeds for purposes of this subpara- graph (1). (2) Two-Year Exception. The Two-Year Exception will be treated as having been satisfied in the requirements of paragraphs (i) and (ii) below are satisfied. (i) At least 75 percent of the available construction proceeds of the Bonds are used for construction expenditures (including reconstruction and rehabil itation) with respect to property that is owned by a governmental unit or an organization described in Section 50I(c) (3) of the Code and exempt from federal income tax under Section 50I(a) of the Code. 15 I~ ,,).J (i i) At 1 east 10 percent of the avai 1 ab 1 e construct i on proceeds of the Bonds have been expended for the governmental purposes of the Bonds within the six (6) month period beginning on the date of the delivery of the Bonds, at least 45 percent of the available construction proceeds have been expended for the governmental purposes of the Bonds within the one (1) year period beginning on the date of the delivery of the Bonds, at least 75 percent of the available construction proceeds of the Bonds have been expended for the governmental purposes of the Bonds within the 18-month period beginning on the date of the delivery of the Bonds, and all of the available construction proceeds of the Bonds have been expended for the governmental purposes of the Bonds within the two (2) year period beginn- ing on the date of the del ivery of the Bonds. For purposes of this subparagraph, the term "avail ab 1 e construct ion proceeds" means the amount equal to the issue price (within the meaning of Sections 1273 and 1274 of the Code) of the Bonds, increased by earnings on the issue price, earn- ings on amounts, if any, on deposit in the Reserve Fund not funded from the proceeds of the sale of the Bonds, and earni ngs on all of the fore- going earnings, and reduced by the amount of the issue price on deposit in the Reserve Fund and the issuance costs financed by the Bonds. The term "available construction proceeds" shall not include amounts earned on the Reserve Fund after the earl ier of the close of the two (2) year period described above in this subparagraph (ii) or the date the construc- tion is substantially completed. The term "available construction proceeds" shall not include payments on any obl igation acqui red to carry out the governmental purposes of the Bonds and shall not include earnings on such payments. For purposes of subparagraph (ii) of this subparagraph (2) all of the available construction proceeds shall be treated as expended for the governmental purposes of the Bonds within two (2) years from the date of the delivery of the Bonds if all of such proceeds are expended for the governmental purposes of the Bonds within three (3) years from the date of the delivery of the Bonds and such amounts would have been expended for such purposes within two (2) years from the date of the del ivery of the Bonds but for a reasonable retainage (~, to ensure compliance with the terms of a construction contract) that does not exceed five (5) percent of the available construction proceeds of the Bonds. (3) Multi-Purpose Issue Treatment. Solely for purposes of determining whether the Bonds are described in subparagraph (1) of subparagraph (2) above, the Issuer may treat the Bonds as two separate issues. Only one of such two separate issues may be treated as satisfying the requirements of subparagraph (2) above. EXPECTATIONS AND ELECTIONS. The Issuer expects that the proceeds of the sale of the Bonds deposited in the Improvement Fund will be fully expended for construction expenditures within the meaning of Section 148(f) (4) (C) (iv) (I) of the Code. The Issuer does, therefore, expect to satisfy the spending requirements of Section 148(f) (4) (C) (ii) of the Code. Accordingly, the Issuer does elect to apply the two-year expenditure exception of Section 148(f)(4)(C)(ii) of the Code to the Bonds and further elects to have the penalty provision of Section 148(f)(4)(C)(vii) apply. 16. It -:11 MAINTENANCE OF RECORDS. With respect to all Nonpurpose Investments acquired in a fund or account established and held by the Issuer, the Issuer shall record or cause to be recorded the following information: (i) purchase date, (ii) purchase price, (iii) information establishing that the purchase price is the fair market value as of such date (~, the published quoted bid by a dealer in such an investment on the date of purcJiase), (iv) any accrued interest paid, (v) face amount, (vi) coupon rate, (vii) periodicity of interest payments, (viii) disposition price, (ix) any accrued interest received, and (x) disposition date. To the extent any investment becomes a Nonpurpose Investment by becoming Gross Proceeds after it was originally purchased, it shall be treated as if it were acquired at its fair market value at the time it becomes a Nonpurpose Investment. The Issuer shall keep and retain for a period of six (6) years following the retirement of the Bonds, records of all determinations made pursuant to these Instructions. AMENDMENT. In order to comply with the covenants in the Bond Indenture regarding compliance with the requirements of the Code and the continued exclusion from gross income for purposes of federal income taxation of interest paid on the Bonds, the procedures described in these Instructions may be modified as necessary, without the consent of Bond owners, and based on the opinion of nationally recognized bond counsel acceptable to the Issuer, to comply with regulations, rulings, legislation or judicial decisions as may be applicable to the Bonds. Neither the Issuer nor any of its members, agents, officers or employees shall be liable for any action taken or for its failure to take any action in connection with these Instructions. The Issuer may rely conclusively on the advice of its Bond Counsel with respect to the requirements of these Instructions. Dated: , 1993 FINANCE DIRECTOR CITY OF CHULA VISTA STATE OF CALIFORNIA 17 /t,..if COUNCIL AGENDA STATEMENT ITEM TI11..E: Report: Consuttam Selection Process for Greg Rogers Park Improvemem Plan SUBMITTED BY: Director of Parks and Recr~io~ REVIEWED BY: City Manager...J4 ~~ (4/5lhs Vote Required Yes_Noll. At the March 2, 1993 Council meeting, the Departmem was directed to return with a report which would address Council's concern on the RFP process used to select a design consuttant for the Greg Rogers Park Improvement Project. RECOMMENDA1l0N: That Council accept the report. BOARDS AND COMMISSION RECOMMENDA1l0NS: N/A DISCUSSION: At the March 2, 1993 City Council Meeting, the Department recommended that the City enter imo an agreement with Van Dyke and Associates for the preparation of construction documents for Greg Rogers Community Park at a cost not to exceed $66,000 (See Attachment A). At that meeting, Council was concerned about the following aspects of the selection process: 1) firms who responded to the RFP and what their bids were, 2) the criteria that was used in narrowing the list down to five firms presented in the staff report, 3) members of the selection committee and any relevant information regarding deliberations of the committee, and 4) information on the process used for determining the recommendation, including a description of the weight given to various factors used in the evaluation. Subsequently, the Department was directed to return to Council with a report addressing these four concerns. The Department has taken the following actions in an effort to respond to Council's concerns: 1) The Director of Parks and Recreation and the Deputy City Manager interviewed the members of the selection committee, 2) initiated an analysis and ranking of RFP's by an independent reviewer from the City of Escondido (Attachment 'B"), and 3) evaluated the overall selection process. The Process The selection of the design consultant for the park improvements was initiated by preparing and distributing a request for proposal (Attachment 'C'). The RFP was sent to approximately (50) design firms on the consultant list. Additional RFP's were distributed to firms that made inquiries about the project. A deadline date for RFP's submittal was established for October 16, 1992. A total of 17 firms responded to the RFP. A selection Committee was formed which was composed of City staff, Landscape Architect from Parks and Recreation Department, Sr. Civil Engineer from the Engineering Division of Public Works, a Landscape Architect from the Planning Departmem, and Sr. Housing Inspector from Building and Housing. A letter was sent to the 17 candidates notifying them of the time and date the selection committee would be convening to evaluate the proposals. The criteria utilized in reviewing, evaluating and grading the proposals included: 1) Completeness of the proposal in response to the RFP 2) Inclusion of the appropriate sub-consultants to address the scope of work for phase one 3) Proposed timeline 4) Previous work completed by the firm relative to the scope of phase one 5) Qualifications, skill and experience of the firm 6) Cost ~ 11- \ Problems in the Ratina and Rankina Process ~ On December 10, 1992 the raters met to discuss the proposals and generate _ shortlist. During the investigation of the scoring process, It was evidem that the scores were not retained. In addition, two raters were not completely prepared and did not evaluate the Proposals prior to the meeting to shortlist the proposals. This necessitated two raters to review the proposal scores to be assigned and tabulated during the meeting. It is staff's opinion that the Initial rating process to establish a shortlist had some problems. In light of these problems, staff imends to develop specific internal administrative guidelines which specify how RFP's should be shortlisted. Basically, the guidelines will idemify critical steps in the process such as the need to retain records. The Selection Committee met on February 18, 1993 to imerview fIVe firms that were idemified as shortlist candidate firms. At that session the firms were evaluated and, in this instance, poims were tabulated on a scoring sheet (see Attachmem '0', scoring sheet). The following information illustrates the cumulative scores submitted to the Department for consideration. Firm Points Amoum 1. Van Dyke 2. De Lorenzo 3. T.I. Maloney 4. Estrada 5. Dike 357 1/2 3571/2 347 338 330 $52,700 $39,700 $58,500 $68,071 $53,500 Interviews with the Selection Committee The interviews of selection committee members were conducted by a Deputy City Manager and the Director of Parks and Recreation. Basically, the common theme expressed by the Committee members was that the selection process was objective. The system was flawed and the following is recommended to rectify this situation. As an immediate step toward resolving the problems associated with selecting a design firm for Greg Rogers Park, the Department recommends the following: 1) Begin the process over again by re-evaluating the 17 RFP's presently on file. 2) Expand the scope of work to include the design of a parking lot. Staff Is recommending a parking lot be included in this phase of the design because of the problems associated with liability and access. 3) Work through the City Manager's office in reappointing another selection committee. The selection committee may include the Director of Parks and Recreation, the Department's Park Planner, someone from the Planning Department, an individual from the Engineering Division, and a landscape architect or planner from another jurisdiction. Staff will modify existing administrative guidelines dealing with Consultam selection and will forward this to the City Council as information. Fiscal Impact: NONE 2 ~ 11-'2.- ATTACHMENT A COUNcn.. AGENDA STATEMENT Item Meeting Date 3f1J93 ITEM 1TIl.E: Resolution Appropriating additional funds from the unappropriated Park and Acquisition Development Funds (PAD) for the design construction documents and related services for Greg Rogers Phase I Improvement Project, and Approving an agreement between the City of Chula Vista and Van Dyke and Associates for design development, construction development and related services for Greg Rogers Park. SUBMullliJ BY: Director of Parks and Recreati~ REVIEWED BY: City Manager (4/Stbs Vote: Yes..!... No_) The Greg Rogers Master Plan was approved by Council on April 16, 1991. A landscape consultant is required to prepare design, construction documents and other related services for the project. There are insufficient funds in the appropriated CIP to complete the necessary services for the Phase I improvement of the Greg Rogers Master Plan. RECOMMENDATION: That the Council approve the Resolution which: 1. Appropriates $28,000 from the unappropriated PAD funds to complete the necessary design construction, document development, and related services for the Phase I improvements; and 2. Authorizes the Mayor to execute the agreement with Van Dyke and Associates for consultant services for Greg Rogers Park Phase I. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In 1990, the Rancho del Sur Partnership commissioned a landscape architectural firm to Master Plan Greg Rogers Park. The Master Plan was a condition in the Public Facilities Financing Plan, approved by Council on February 20, 1990. The Master Plan Study received extensive input from three community meetings and the school faculty at Greg Rogers School. The conceptual plan was approved by the Parks and Recreation Commission in February, 1991, and by Council on April 16, 1991. As per Council's request, a proposed phasing scheme for the implementation of the plan was developed. A five-year capital improvement phasing schedule was proposed, with the initial phasing to begin in FY 92/93 for the Phase I Improvement Design. IF,_".,.....,,".93J ~ I,-~ The Greg Rogers Master Plan addressed the park needs to improve the ballfields, parking, picnic facilities, restroom, relocation of maintenance building, enhancement of play lots, and other park amenities. The estimated cost of the total improvements was $3.4 million, with the improvements incrementally phased over a five-year period. For FY 1992-93, $46,000 was appropriated for Phase I, which includes design, construction documents and related services. Phase II funding for the improvements is proposed for the 1993-94 Capital Impro~ment Program. These improvements would include: relocation of power lines; grading of ballfield areas; utility slab-out for future snack bar/restroom and storage facility; construction of four baseball fields and accessories; slope planting, turf, and irrigation; and the construction of a ballfield parking lot. At an estimated construction cost of $700,000, funding for the construction phase will be considered with other Department's CIP projects for FY 93194. The Department made a thorough analysis to determine the need for an outside consultant to prepare the necessary construction documents for this project. The Department evaluated this need based on the following criteria: 1. Does existing staff have the required expertise or equipment? The City has the staff expertise and equipment to prepare a portion of the necessary plans; however, the workload of the Department's Landscape Architect and Engineering Department's Engineers would need to be re-prioritized, and current projects in process by staff would be deferred indefinitely. The Department's special projectgs and current CIP work list includes: Otay Valley Regional Park project, Rohr Park Improvements (Phase II), Memorial Park Improvements (Phase II), Hilltop Park Improvements, McCandliss Memorial GrovelPark (Phase II), and Playground Renovations at various sites. In addition, the Landscape Architect provides extensive work and plan checking services for the development projects, providing revenue, at full cost recovery, to the City's General Fund. These projects are Salt Creek I, Salt Creek Ranch, the Bayfront Plan, EI Rancho del Rey, and Otay Ranch, etc. The work necessary for the current project would require additional staffing if the Greg Rogers Park project design is performed in-house. 2. Can the work project's short time frame be met by City Staff? For a project as complex as the Greg Rogers Park Plan, considerable organization of the various disciplines (i.e., electrical, civil engineering, architectural, and landscape) need close coordination, which would be difficult for existing City staff to accomplish under the current work load schedule. There is a short window of time available to get the project design and construction complete, in order to minimize the impact to the users of the park, primarily the Park View Little League. 3. Is it more cost effective to have the work completed by an outside provider? The design work will take approximately twenty (20) weeks to complete by the consultant. They projected 390 hours for landscape architectural design. This would necessitate an average of twenty (20) hours a week for the Department's Landscape Architect to complete the project in the same time frame. This work effort would seriously affect the current schedule of projects in the Department. 1F,_U39.93) M: \, - ~ A cost comparison for the Landscape Architect consultant is $80.00 per hour. The Department's Landscape Architect's hourly salary (including full cost recovery) is $61.00 per hour. There would be non-General Fund savings if performed in-house; however, there would be a negative impact on the revenue stream from outside resources if the work program were re-directed to this project. After analyzing the above criteria, it was the Department's conclusion that the Greg Rogers Park Phase I plans should be performed by an outside consultant. The Department solicited a Request for Proposal (RFP) on September 16, 1992, for interested landscape architectural firms to provide the landscape architectural services necessary to prepare the construction documents for the Phase I improvements. Notices were sent to over 50 firms in the San Diego and Orange County area. The Department received 17 proposals by the October 16, 1992 deadline. The selection procedure, as outlined in CYMe Sections 2.5.220 and .230 and Council Policy #102-05, was utilized in reviewing the proposals. A selection committee comprised of representatives from Engineering, Planning, Building and Housing and Parks and Recreation Departments evaluated the seventeen (17) RFP utilizing a "qualification based selection process" to short-list the candidates to five firms. The five finalists were invited to make an oral presentation to the selection committee. A grading criteria based on qualifications, presentation, knowledge of the project and design approach and fee proposals was used to rank the firms. The final ranking of the finalists were: FIRM FEE PROPOSAL 1. Van Dyke and Associates $52,700 2. DeLorenzo & Associates $39,700 3. Estrada Landscape, Inc. $68,071 4. KTU+A $53,550 5. T.l. Maloney $58,500 In comparing the top two firms which have provided consulting services for other City park projects, Van Dyke and Associates maintained an excellent and cooperative working relationship with staff, and stayed within the agreed contract price and project schedule. Delorenzo and Associates had a less harmonious relationship with staff, was not as cost conscious and exceeded project time schedules. The fee proposal by Van Dyke and Associates is higher than the second ranked firm, however, the Cities are authorized to select professional consultant services on the basis of demonstrated competence and professional qualifications and not necessarily to the "low bidder." Fees are only one of the considerations in the evaluation process. Van Dyke and Associates demonstrates these qualities in the consultant services provided for the Marina View Park project. The Deparonent was extremely pleased with Van Dyke's cooperation, quality of work and the final product. A total of $69,000 was paid to Van Dyke during 1991-92 for this contract. IF_--"".9l] ~ I J -..5 The original fee required for Van Dyke and Associates came to $52,700. After a preliminary . negotiating meeting to define the scope of services required, it was decided to include, in Phase I, design and construction document services required for improvements to the parking lot for the ballfields. This additional design and construction service document increased consultant fee by $8,800 for a total of $61,500. A parking lot was not considered when the cost for the first phase construction documents were calculated. However, after further review by staff, it has become quite evident that the parking lot should be included in this phase of construction documents. Staff is thereby recommending expanding the original scope of service, which includes a parking lot, because of the following reasons: 1. The Federal mandate to comply with the Americans with Disabilities Act requires that public parking facilities be accessible to the physically challenged. This new law was not in effect when the CIP was developed. 2. The existing dirt parking lot has historically been a nuisance due to excessive dust during dry months and mud during inclement weather. Severe erosion problems (ruts and holes) have adversely affected this dirt lot. 3. A new lot will efficiently delineate specific areas where cars must park versus the random and inefficient use of space which presently exists. The revised fee of $61,500 does not include funds for reimbursables and any necessary reports to complete the project. The consultant has requested: 1. $2,500 for reimbursable expenses i.e. reproductions, copying, additional blueprints, etc. 2. $2,000 for a title report to locate all easements, utilities on the project site. The Department believes these are legitimate expenses that were not included in the original scope of services and therefore recommend approval. The total cost for the consultant services will be $66,000. The Department is requesting an additional $28,000 from the unappropriated PAD funds. The Department believes this proposal is appropriate and recommends approval. The total consultant fee is $66,000, and an additional $4,000 is needed for Parks and Recreation staff services. There is $46,000 available in the FY 92193 CIP budget, with $42,000 earmarked for design work, and $4,000 for engineering staff services reimbursement. (F,_".93) ~ 11_ t.. FISCAL IMPACT: An additional $28,000 from the unappropriated PAD funds will be required for the desired landscape services and staff services reimbursement. I. Funding Required A Consultant Services B. Engineering Staff Cost C. Park Recreation Staff Cost TOTAL $66,000 4,000 4.000 n. Funding Available A Consultant Services B. Engineering Staff Cost TOTAL 42,000 4.000 m. Additional Funds Required Attachments: Schematic Map Agreement (F~39.93J ~ 11-) $74,000 $46,000 $28,000 TInS PAGE BlANK ~ li-~ MINlrres OF A RE~ MEEl1NG OF "mE an COUNCL OF "mE an OF QiUlA V1~A Tuesday, March 2,1993 4:07 p.m. Council Chamben Public Services Building CALL TO ORDER 1. ROlJ. CAlL: PRESENT: Councilmemben Fox, Horton (arrived at 4:32 p.m.), Moore, Rindone, and Mayor Nader. ABSENT: ALSO PRESENT: None John D. Goss, City Manager; Sid Morris, Assistant City Manager; Bruce Boogaard, City Attorney; and Beverly A. Authelet, City Clerk. 2. PLEDGE OF AI J J;GIANCE TO "mE fLAG. !rn.J;"fr PRAYER. 3. APPROVAL OF MINlrres: None submitted. 4. SPECAL OIlDERS OF "mE DAY: Prnrlaimillf 1993 as Senior Center Year in me City . The proclamation declaring 1993 as Senior Center Year was presented by Mayor Pro Tem Rindone to Ema Lenihan. CONSENT CALENDAR. (Items pulled: Sa, Sb, 6, and 10) BALANCE OF "mE CONSENT CALENDAR. OFFERED BY MAYOR NADER, reading of the ten wu waived, passed. and approved I."a"imously. 5. WRITI'EN COMMUNICATIONS: a. Letter requesting funding of a traffic light on Dray I.abs Road at me Gotham Street comer .Marilee Castenholz McKelvey, 1615 Gotham Street, Chula Vista, CA 91913. It is recommended that Ms. McKelvey be advised by staff of the status of the proposed signal and that staff will recommend a signal be installed at either Gotham or Elmhunt after a decision has been made on the transit center. Pulled from me Consent Calendar. Tom Davis, 1657 Gotham Street, 91913, asked Council if they could separate the traffic signal issue at Gotham and Otay Lakes Road from the transit center. Mayor Nader asked staff to respond to Mr. Davis' concerns that there should not be a link between the traffic signal and the transit center. If staff still believed that the two should be tied together, how long would it take? Mr. Uppitt responded that staff still thinks there is a connection, although the college Board of Directon had made the decision that the only place they want to look for the transit facility is near the new libraI)'. In that case, we would still be putting the signal either at Gotham or Elmhunt; Gotham would be the preferred location. Staff is not excited about this option because of costs. He felt it would probably take another three to four months before all the information is in, and the Council and School Board could come to a consensus. ~ \1-'1 MINUTES March 2, 1993 Page 2 Mr. Goss stated that this is speculation at this point. He did not feel that staff could give a firm date. The cost of the facility will be higher. Another factor is that the service to clients which are not college students is worse at this new location. When there were a number of alternatives identified, this location was twelfth out of twelve. Mr. Uppitt stated that there were two locations that the neighbors and staff had looked at earlier. One at the eastern end of the parking lot in the center; the second one would expand the existing bus stop by the administration office. On both of those alternatives, there was going to be a signal at Gotham. With this alternative, there most likely will be a signal at Gotham. Mayor Nader asked if there was any alternative that appeared to have a chance of being approved by all the agencies which would not result in a signal at Gotham. Mr. Uppitt responded that the only one that would not have a signal at Gotham was the original one which was the one in front, but the Council and college did not like it. Councilman Rindone stated that there was another critical issue which staff had to deal with. It was possible that all efforts of the transit center might be abandoned and only an extension of the bus stop with an increase in the number of buses which would be available there would be accomplished. It might be five or ten years before this is readdressed. He had a concern that if this should happen that the signal would be designed in such a way that we would not have to redesign it or do a major reconstruction for that signal. MSUC (Rindone.INader) to refer to staff with the clirection to look at placing the ligna! at Gotham and OIay Lakes Road with the caveat that it be designed u such that if the alternatift wu the atension of the cmrent bus stop there would not need to be any additional wotk, thereby having accomplished both thiDgs on an interim basis. Mr. Rindone stated the purpose of the motion was to show we would be placing the signal there just u soon as it is reasonable to get it designed and funded. This will be our next priority which addresses the community that has been concerned about traffic issues there, and yet it does not hold it up because of the transit center. b. Petition protesting auto repair shop at 363 "Eo Street - Martin Torres, 178 Glover, Chula Vista, CA 91910-2515, and Heinz Hemken, 183 Glover, Chula Vista, CA 91910-2515. It is recommended that staff meet with the residents and return to Council with a recommendation. Pulled from the O>nJellt Calendar. Mayor Nader stated that staff recommended Council should refer this back to staff to meet with Mr. Torres. His concern was that this was not the lint time Council has heard about this issue. He asked if staff had a time line for conducting meetings with the neighborhood and getting a report back. Mr. Leiter stated staff could report back to the Council within thirty days, and they could meet with Mr. Torres and the neighbors prior to that. . Heinz Hemken, 183 Glover Avenue, 91910, stated they had presented a request to close the entrance on the alley to the property of 363 E Street where the automobile repair shop operates. The situation has become very bad because of parking. This property does not have enough spaces to support three businesses, two of which deal with automobiles. Mayor Nader stated he knew this has been going on for a long time, but asked if another thirty days seem unreasonable to him. Mr. Hemken responded it would be okay. . Martin Torres, 178 Glover Avenue, 91910, stated he had called parking control because he could not park in front of his own house. They came out, but ticketed everyone including the homeowners. He stated the parking problem was serious. ~/T. 10 li-IO MINUTES March 2, 1993 Page 3 MSUC (NaderlFox) to refer to IllIlf to meet with the ,...;r~, buIiDea CIWDC!n, and all interested parties. When item comes back to Council in thirty clays, addrss cooctnII nIating to bIzanlous waste, if any; and provide information concerning prior Council actions. . Mayor Nader stated that any legal violation enforcement should not be delayed pending staff coming back to Council; all legal violations should be dealt with at the time. 6. ORDINANCE 2541 AMENDING SECl10NS 12.24.020, 12.24.030, 12.24.040 AND 12.24.070 RELATING TO DEDICATION AND INSrAlJATION OF PUBlJC IMPROVEMENJ'S (leCond readin2 and adoDtion) . Council requested that staff review Municipal Code Section 12.24.040 which provides the City the ability to require street dedications and public improvements associated with building permits valued at $10,000 or more. The review was to provide a recommendation for resetting the amount and consideration of other facton. In addition, policy needs to be set regarding the limits of development on private property before triggering the requirement to install or alter public improvements in the adjoining right-of-way. Several years ago, Council accepted a staff report which included a recommendation that an ordinance be brought back for adoption amending Municipal Code Section 12.24.070 to abolish the . acceptance of surety bonds and accepting only cash bonds or liens as security for deferrals. It has been discovered that the code change was never completed. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) Pullecl from the Commt Calendar. Mayor Nader stated that he had one basic concern to raise from $10,000 to $20,000 the level of the building permit that would trigger any of these requirements. There was language in the ordinance and resolution which would add a requirement in all permits of $20,000 or more for the property owner to waive their right to protest the subsequent formation of an assessment district improvements. He had a problem with this if the building permit was not related to an improvement which triggered the need for the public improvements that the subsequent assessment district would be formed for. ORDINANCE 2541 WAS OFFERED BY MAYOR NADER, readiDg of the tat was waived. Councilman Fox asked if, under this ordinance, garage convenions would fall into the category of additional square footage? City Engineer Swanson responded yes, it would fall under additional square footage as well as additional bedrooms. Councilman Moore stated that during the last eight yean, we have not allowed garage convenions. VOTE ON MOTION: approvecl unanimously. M (Nader) to refer the matter back to IllIlf to come back with an amendment which would delete the requirement that a property owner waive bis/her right to protest a subsequent... "'''5lt district in situatioDS where the buildiDg permit did not authorize &II)' additional clweIling space and where there was no nexus between between the imJllvvement being made by the property owner and the neecl for &II)' additional public facilities. Motion diecl for lack of a _d. 7. ORDINANCE 2542 ADDING SECl10NS 19.04.107 AND 19.58.178 TO, AND AMENDING SECTIONS 19.14.070, 19.42.040, 19.44.040 AND 19.46.040 OF, 1liE MUNICIPAL CODE TO ESTABUSH DEFINI1l0NS, REQUIREMENIS AND PROCEDURES FOR 1liE REVIEW AND APPROVAL OP CONDmONAL USE PERMITS FOR HAZARDOUS WASTE PACU11ES CIeCODd readin.. and adoDtion} . Punuant to State law AB-2948 (Tanner, 1986), the City is required to adopt local provisions to implement the approved County of San Diego Hazardous Waste Management Plan (COHWMP). The proposed amendments establish the necessary provisions for the management of hazardous waste and the siting and permitting of hazardous waste facilities within the City, consistent with the COHWMP and State law. Staff recommends Council place the ordinance on second reading and adoption. (Director of Planning) .~ I i- \ \ MINUTES March 2, 1993 Page 4 8. ORDINANCE 2543 AMENDINGSECl10NS2.36.010AND2.36.030OFlHEMUNlCPALCODE R.ELAnNG 1'0 lHE ADVISORY DUTlES OP lHE HUMAN R.ELAnONS COMMISSION (second rudiM and adoDtion) - In April 1992, the South Coast Organization Operating Transit (SCOOT) Board directed staff to investigate the ramifications of dissolving SCOOT. Both City and County Transit staffs find no negative impacts to either the City or County if SCOOT were dissolved. One result of dissolution would terminate the SCOOT Senior and Disabled Transportation Advisory Committee. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) 9. ORDINANCE 2544 AMENDINGSOiEDtJI.EX, SECl10N 10.48.050 OFlHE MUNlCPAL CODE, DECREASING srATE LAW MAXIMUM SPEED UMITS IN CERTAIN AREAS, MAIN SlREET/OTAY VAUEf ROAD PROM 1-5 1'0 1-805 (lint rudinll) - In order to minimize traffic hazards and congestion and promote public safety, speed prohibitions on these streets should be authorized by ordinance. A review of trial traffic regulations initiated by the City Engineer under the authority of the Municipal Code show that these regulations are operating effectively and should be made permanent. Staff recommends Council place the ordinance on fIrSt reading. (Director of Public Works) 10. RESOLtmON 170m APPROPRIATING ADDI110NAL PUNDS PROM 1HE UNAPPROPRIATED PARK AND ACQUlsmON DEVELOPMENT FUNDS (PAD) POR lHE DESIGN CONSTRUCl10N DOCUMENI'S AND R.ELATED SERVICES POR GREG ROGERS PHASE IIMPROVEMENl" PROJECT, APPROVING AN AGREEMENT WI1liVAN DYKE AND ASSOaATES POR DESIGN D~PMENT, CONsrRUCl10N DEVELOPMENT AND R.ELATED SERVICES POR GREG ROGERS PARX, ANP AI1IliORIZlNG lHE MAYOR 1'0 EXECUTE SAME - The Greg Rogen Master Plan was approved by Council on 4/16/91. A landscape consultant is required to prepare design and construction documents and other related services for the project. There are insufficient funds in the appropriated Capital Improvement Project to complete the necessary services for the Phase I improvement of the Greg Rogen Master Plan. Staff recommends approval of the resolution. (Director of Parks and Recreation) 4/5th's vote required. Pulled from the ~t Calendar. Councilman Pox stated he had some procedural questions since this was the lint time he had seen this since he had been on Council where we went out for solicitation for RFPs and awarding the RFP to Van Dyke and Assoc where their bid came in at $52,700 and the ultimate cost was $66,000 because of changes that were made which staff agreed with. Wasn't there normally a requirement that we go out for additional RFP's? Parks and Recreationa Director, Jess Valenzuela, responded that staff considered going out, but decided that the consultant could handle it. After consulting with the City Attorney, staff decided to expand the scope of services. . City Attorney Boogaard stated that it might have been a mandatory item if it had been a public works project, but here we are just soliciting and advertising for design services in which we have more latitude. He felt it was appropriate to negotiate design-type services and expand the scope of work during those negotiations without having to go out and solicit for another consultant. Councilman Rindone expressed he was very uncomfortable with that practice just from the ethical and procedural basis that when a potential bidder is examined and especially when he is not the low bidder by 25% that staff would be doing other add-ons. City Manager, John Goss, responded that being the low bidder was subject to interpretation in the sense that we actually got proposals as to how much it would cost. The items which are add-ons are basically routine things that would be pretty much the same cost for any of the ones that would have been included in making the proposals even though it would have been better if they were included in the proposals in the lint place. But, you have to temper this with the fact that the Uttle League is very concerned about the condition of their fields, and there is a desire to try to move ahead and correct those conditions. ~~/';' - 1"""\-12- MINUTES March 2, 1993 Page 5 Councilman Fox stated he had problems in changing the rules of the RFP after people have gone through the process of putting a proposal together and then we change it and award it to someone who wasn't the lowest bidder. He wanted to know what liabilities or problems we might encounter as a result of the change of the rules. City Attorney Boogaard responded that it has been the practice in all cities to distinguish between a Request for Proposal and the public works bidding process. In a RFP, you are asking for expertise and qualifications. You are basically saying to the industry this is what we think we need, but give US your proposal. After that proposal is submitted, they are basically sending in resumes of their qualifications and an idea of how to achieve what we think we need. It is completely within the understanding of all parties participating in the process that the team can be subjected to further negotiations with the city saying we need to modify this to cover these other things. This is different from the public bidding process where we tightly draw the bid specifications. This is not subject to further negotiations. Councilman Fox stated that it seemed like there were things which came up after the proposal was made which seemed was material to the request -- things like reimbursable expenses for copying, doing a title report to find any easements, etc. They should have been part of the proposal. Councilwoman Horton asked staff how they came up with the five people on the list. Assistant Parks and Recreation Director, Jerry Foncerrada, responded that we had a committee of representatives from Building and Housing, Engineering, Parks and Recreation, and Planning Departments who short-listed the seventeen candidates down to five. The five were invited in to make a presentation and to sell the committee as to which one would be the best one to work with. Based on the rating criteria they had, that is how the ranking came out with the five firms. Councilwoman Horton stated she had called several different landscape architectural firms because she had some questions regarding the contract with Van Dyke and other things. Part of the criteria w!ls based on qualifications, presentation, knowledge of the project, design approach. and fee proposals. The number two firm came in as the lowest bidder, but because there are some other concerns that are expressed in the staff report, staff decided the number one firm should be chosen based on concerns over and above the price. Mr. Valenzuela stated that was correct, but they did take into consideration past performance by both of the potential consultants, and they took into consideration how the price had escalated in one given project beyond what staff felt was reasonable. Councilwoman Horton stated that she was not arguing this point. She investigated this firm also and would agree with staff and not hire them. However, in talking to one of the firms, a firm in which she placed in high regard, they mentioned they had bid on this project. She found out his bid was $45,700. This was a landscape architectural firm who had an excellent reputation in the industry and who has won several awards in our city for past projects such as Discove'Y, Sunridge, and Scoby Parks. Based on staff's criteria, we were picking a firm at $52,700 when we have a reputable firm that we could have hired at $45,700. She wondered how many other firms were in the Same situation. Mr. Valenzuela responded that he could provide Council with the criteria that was used to select the consultants for the short list. He ~ not aware of the consultants who did not make the short list. Last year, the Mini-Brooks Act which is a state law requires cities, counties, and other jurisdictions to select landscape architects or design consultants based upon skill, ~ertise, histo'Y. proven track records, etc. Councilwoman Horton stated that evetything he named, this company has. In the industry, it is rated ve'Y high. You knew when you picked the number two firm at $39,700 that they already had this reputation within the city. So they shouldn't have even been on the list. Mayor Nader asked if the Parks 8< Recreation Director was on the Selection Committee. He responded that he was not. ~ \I-\~ MINUTES March 2, 1993 Page 6 Mr. Goss suggested that this be referred back to staff to take a look how the Committee went from the seventeen firms to the list of five firms to not include the firm which Councilwoman Honon pointed out. There must have been some part of the process which objectively screened them to the five. It was a valid question. which needed to be answered. MS (NaderlPoZ) to refer to staff to develop a repon to be brought back to Council to include the following: who all responded to the RPP, what were their bids, what was the aiteria fac DaJIOWiDg it down to the five who were presented in the staff report. Also include iDformatioD as to who was on the Committee and any other relevant information as to the deliberations of the Committee which might be helpful to Council in evaluating the recommendation that was brought forth, or the ..- 1IIed for cIeterminina that recommendation. Authorize, but not require, the City Manager, if information is deftloped which makes such mOft appropriate, to list this as a Cosed SeraioD item for rniew of penoanel. If not, then it is to be put on as a public item. Councilman Moore felt that if Council was going to start questioning staffs decisions when there was representation from three to five different depanments, it might be worth while for individual council members to sit in on one of these processes. Councilman Rindone stated that staff had indicated there was specific criteria in the selection made by the composition of five members from five different depanments, and asked if that criteria had a weighted factor? Mr. Foncerrada responded that they had weighted factors. Mayor Nader stated that in the report coming back to Council that a description given of the weight given to various factors and how that played out in the process should be included. MOTION CARRIED UNANIMOUSLY 5-0. 11. RESOLlmON 17008 GRANllNG /IN OPEN SPACE ENCROAaiMENT TO ItJLOW SUPPLEMENTAL LIlNDSCAPING IN OPEN SPACE LOT B OF OPEN SPACE D1STRICf 20, RIlNOiO DEL REY SPA I, PHASE 2 . California Pacific Homes of San Diego (formerly Bren) is requesting that the City allow the installation of supplemental landscaping along the south side of Ridgeback Road, opposite Bonita Vista Middle School. Staff recommends approval of the resolution. (Director of Parks and Recreation) 12. RESOLtmON 17009 APPROVING /IN AGREEMEm" WJnI TIiE SOUlll BAY BRIlNOi OF TIiE YOUNG MEN'S OiIUS'IlIlN ASSOaATION (YMCA) FOR TIiE LEASE OP CERTAIN PROPERlY IN EUCALYP1US PARK - The City and the South Bay branch of the YMCA had a five-year agreement for the property at 50 Fourth Avenue which expired on 5/13/91. The City and YMCA have been operating under a lease on a year-to-year basis. Staff has renegotiated a five.year lease with the YMCA. Staff recommends approval of the resolution. (Director of Parks and Recreation) 13. RESOLtmON 17010 AUllIORlZlNG PAYMENT TO TIiE METItOPOIJT/IN 'I1l.IlNSIT DEVELOPMENT BOARD (MI'DB) FOR TIiE INITIAL Q1Y SHARE OF TIiE COST OF TIiE MAIN STREET UNDERPASS PROJECf - The payment of $330,000 to MIDB is an initial share of bridge construction and street improvement costs for Main Street east of Industrial Boulevard. Staff recommends approval of the resolution. (Director of Public Works) ~)r- li-I~ MINUTES March 2, 1993 Page 7 14. RESOLUTION 17011 SUPPOIl11NG 1liE SAN DIEGO ASSOCIA'DON OF GOVERNMENI'S (SANDAG) IN 1liE SUBMlTrAL OP AN APPIJCATION POll GRANT PUNDS UNDER 1liE PROPOSl11ON 116 aBAN AIR AND TRANSPORTATION IMPROVEMENT N:f, B1CYa.E PROGRAM . The Clean Air and Transportation Improvement Act (CATIAl make. available $20 million state-wide to fwid a five-year program of competitive grants to local agencies for capital ouday for bicycle improvement projects which improve safety and convenience for bicycle commuters. On 11120/92, SANDAG submitted an application for Proposition 116 Bicycle Funds totalling $750,000 for a portion of the Bay Route Bikeway known as the Sweetwater River crossing. The CA TIA requires that a local public agency adopt a resolution approving the submittal. In accordance with said requirements, SANDAG has requested that the City support the subject application. Staff recommends approval of the resolution. (Director of Public Works) 15.A. RFSOLU'I10N 17012 REVISlNGTENrA11VEMAPCONDmONOPAPPROVALEOPafULAVlSTA 'mAcr 92-05 AND CONDmON OP APPROVAL I.1 OF afULA VISTA 'mAcr 93-01 (RESOUTnON 16900) - On 11/11/92, by Resolution 16900, Council approved the Tentative Subdivision Maps for Tracts 92-05 and 93-01, Rancho del Rey Commercial Center west and east, respectively. The final maps and associated agreements for both subdivisions are now before Council for approval. SUff recommends Council continue the item to 3/9/93. (Director of Public Works) B. RFSOLU'I10N 17013 APPROVING 1liE PINAL MAP AND SUBDMSlON IMPROVEMENT AGREEMENr AND Al.m-IORIZlNG 1liE MAYOR TO SIGN 1liE MAP AND EXECUTE SAID AGREEMENr POR 'mAcr 92-05, RANCiO DEL REV COMMERCIAL CI!NI'I!R WEST C. RFSOLU'I10N 17014 APPROVING 1liE PINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT AND Al.m-IORIZlNG 1liE MAYOR TO SIGN 1liE MAP AND EXECUTE SAID AGREEMENrPOR 'mAcr 93-01, RANCiO DEL REV COMMERCIAL CI!NI'I!R EAST D. RFSOLUTION 17015 APPROVING SUPPlJ!MENTAL SUBDMSlON IMPROVEMI!NT AGREEMENI"S TO SATISFY CONDmONS OP APPROVAL M, N, 0 AND P OP 'mAcr 92-OS AND CONDmONS OP APPROVAL S, T, U AND V OP 'mAcr 93-01 AND AUlHORIZlNG 1liE MAYOR TO EXECl1I'E SAME E. RFSOLU'I10N 17016 AUlHORIZlNG 1liE MAYOR TO EXECUTE DEEDS Qurra.AlMlNG ANY 11nE INTERFSr IN PROPERnES TO BE OWNED BY THE 01liER PARnES SIGNING 1liE MAPs APTER RECORDATION OP SAID MAPS 16. RFSOUTnON 17017 AUlHORIZlNG n:MPORARY a.ostJRE AT MOSS snumT CROSSING POR 1liE METROPOIJTAN 11tANSIT DEVELOPMENT BOARD (MTDB) SOtmi lJNE GRADE CROSSING IMPROVEMENT - The MTDB has issued a change order to add the Moss Street crossing to the 'South Line Grade Crossing Improvement Project, LRT-299.' National Projects, Inc. has requested two temporary weekend closures to complete the necessary work with minimal delays to motorists. Staff recommends approval of the resolution. (Director of Public Works) 17. RFSOUTnON 17018 APPROVING A SEWER SERVICE AND STORM DRAIN OiARGE REFUND POR 1liE RANCiO BONITA MOBILE HOME PARXPORPISCAL YEAR (PY) 1991-92; ANDAPPROPRlA11NG AN ADDmONAL $16,633.10 INTO FUND 223, 1liE MONTGOMERYSEWERSERVlCE REVENUE FUND AND $5,810.65 INTO FUND 227, 1liE STORM DRAIN REVENUE FUND . In FY 1991.92, the Rancho Bonita Mobile Home Park, located at 600 Anita Street, was incorrecdy billed for sewer service and storm drain charges on the tax bills for parcels 622-041-19-00 and 622-091.24.00. They paid the full amounts and are ~ \'\-IS M1Nl.rJ'ES March 2, 1993 Page 8 entitled to a refund of $17,710.52 for the overpayment. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. 18. REPORT CTY INI11ATION OP A GENERAL PLAN AMENDMENT AND REZONE TO RESOLVE GENERAL PLAN AND ZONING INCONSISTENCY PORA PORTION OF SPECALS'IUDY AREAB-4. WESTOP PIFni AVENUE, EAST OF BROADWAY. ALONG BOlli SIDES OP PARX WAY AND "G" STREET - Alex Galchenko, representing property at 570-576 Park Way, has requested initiation of a General Plan Amendment to resolve an inconsistency between the General Plan and zoning for the subject property. Mr. Galchenko's property is located amidst a larger area of such inconsistency, located between Pifth Avenue and Broadway along both sides of Park Way and "G" Street. Staff recommends Council direct the Planning Department to initiate a General Plan Amendment and rezone for the area indicated. (Director of Planning) * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RESOumONS AND ORDINANCltc: 19. PUBUC HEARING PCM-93-07: RECONSIDERATION OP PROPOSAL TO CHANGE lHE NAME OP OTAY LAKES ROAD BIITWEEN n:JEGRAPH CANYON ROAD AND WUESTE ROAD TO n:JEGRAPH CANYON ROAD - CTY INI11ATED . On 1/12/93, Council approved changing the name of Otay Lakes Road between Telegraph Canyon Road and Wueste Road to Telegraph Canyon Road. It was later determined that the residents of Otay Lakes Lodge Mobile Home Park had not been notified. The Council, therefore, directed that the matter be noticed and reconsidered. Staff recommends Council approve the resolution to become effective on 9/1/93 and direct staff to continue to work with the County to have the name changed in the unincorporated area east of Wueste Road. (Director 0{ Planning) RESOumON 17019 CHANGING lHE NAME OF OTAYLAKES ROAD TO 'lmEGRAPH CANYON ROAD BIITWEEN n:JEGRAPH CANYON ROAD AND WUESTE ROAD This being the time and place as advertised, the public hearing was declared open. Addressing Council in opposition to the renaming of Otay Lakes Road were: * Mike Sweeney, Jr., 1925 Otay Lakes Road, Space 36. (His letter is on file in the Clerk's Office). . James R. Quinn, 1925 Olay Lakes Road, Space 34, President of the Golden State Mobilehome group in the Park. He stated that he represented 119 residents, and ninety percent of the residents were opposed to this. . Janet Squires, 1925 Otay Lakes Road, Space 93. She stated she represented 196 families in the Olay Lakes Lodge. These residents are strongly opposed to the name change. Many of them are senion and will need assistance in dealing with the numerous changes to the various legal documents. . A letter had been received prior to the meeting from Frederick Dufresne, 1925 Otay Lakes Road, Space 102. There being no further public testimony, the public hearing was declared closed. * * * (Councilwoman Horton arrived) * * * -I/'- 1. - -~ \'\-Ic.., MINUTES March 2, 1993 Page 9 Councilman Moore stated he was the one who made the motion to consider the name change. When looking at this area, he looked at one address, 1925 Otay Lakes Road, rather than 196 homes. He felt the name change would help those coming to the Olympic Training Center and to the new hospital. If the name was to be changed, it should be done early before these organizations spent a lot of money on their brochures and advertising. He felt if Council wanted to approve the name change, then the effective date could be extended whereby the post office would accept either address until January I, 1995. Councilman Rindone felt the name should be changed to East L Street all the way. If we are going to be one city, then we should make this East L. Then there would be continuity throughout the city. MS (RindOD~orton) to return this to staff to look at ......l.1g 1he entire.section "I." Slreet. SlJBS'111UI'E MOTION: MS (Moore/Nader) to me the ita1. Councilwoman Horton stated that if we want to make a change, it should be down now. She would not vote for the substitute motion. Mayor Nader stated that no one outside the government has come to state there was a problem. If and when a time should come when that happened, then he supported getting more information. SlJBS'111UI'E MOTION WAS APPROVED 3-2 (Rindone and Horton opposed). ORAL COMMUNlCAnONS " Jean Weissman, 296 Dolphin Cove, Del Mar, 92014, representing the Local Government Commission. This was a membership organization which included about 400 local governments and elected officials in California. Currently, they are acting as a consultant to the San Diego Air Quality Control District. Their project is to develop a program to control indirect sources of air pollution in San Diego County. Out of this may come a rule that will affect Chula Vista along with the other cities. Her purpose was to alert the Council that this is coming and to ask for Council's active participation in the planning process. This project is mandated by the California Clean Air Act which authorizes local air control districts to require sources of pollution to obtain air quality permits. She stated that they did not want to impose a solution upon the cities in this county without their input. She hoped the Council would attend the four regional workshops which will be held in San Diego County within the next several months. Council will be receiving a letter with the times and places. BOARD AND COMMISSION RECOMMENDAnONS None submitted. ACnON ITEMS 20. RESOL1TI10N 17020 CONCEPTUALLY APPROVING 1HE PUNDlNG NOT TO EXCEED $700,000 TO SOtmiBAy COMMUNITY SERVlCPS FOR ACQtnSl110N AND FIRST-YEAR OPERA nON COSTS OF A POURTEEN UNIT APARTMENT BUIlDING AT 31 POURTH AVENUE TO BE USED AS A SHORT 'mRM HOUSING PACL1TY - South Bay Community Services (SBCS) is interested in acquiring a 14-unit apartment complex to develop a short-term housing facility to serve homeless families in the South Bay. The site is adjacent to the transitional housing project which will enable both projects to be managed together. It is also close to National City, which has been contacted to financially participate in the project. SBCS is -'-8' / 7 \'i-\\ MINUTES March 2, 1993 Page 10 submitting grants for county, state, and federal funds and needs conditional site approval. Staff,.-mm....'Ils Council continue the item. {Director of Community Development) MSUC (ItinclcIMIMoore) to continue the item to Mard1 9, 1993. Councilman Rindone stated that when the original apartment complex was submitted to Council, it was alleged that this was not a project for the homeless. It was a project that would provide transitional housing. Chula Vista needs to do something about the homeless, but this is a regional issue and should be dealt with regionally. He requested that we don't just jump in because it appears the project is changing. One city working alone cannot resolve this problem. He wanted to know what SANDAG was doing and wanted a very thorough analysis when this comes back. Councilman Fox stated that he shared Mr. Rindone's concern that this is a regional issue. He spoke with Ms. Lembo regarding this, she stated there were going to be provisions in the program to assure that the families taking advantage of this program are going to be from the South Bay. When the proposal comes back, he wanted staff to make sure that we are serving a population that is coming from our area. Councilman Moore stated that the original policy of SANDAG was a fair share of low and moderate housing. Some cities do not participate in the low and very low income. He felt the staff should bring back as part of the repon the statistics for low, very low, transitional, and homeless in the eighteen cities in the County. This would give the Council some background on the fair share. Mayor Nader expressed that SANDAG was exacerbating the situation by supporting a moratorium on the development of affordable housing on the Otay Mesa for the purpose of further studying an airport to be built by the Partner who has already rejected the idea. Councilman Moore responded that it was not SANDAG but City of San Diego. Mayor Nader stated that it was not the SANDAG Board, but SANDAG staff. From the contacts he has had with the South Bay Community Services, they are seeking regional contributions to this project and that it is designed to serve primarily South Bay families. 21.A. RFSOLtmON 17021 FINDING A SHORTAGE OF SAFE AND SANITARY DWEUJNG ACCOMMODATIONS AVAIlABLE TO PERSONS OF LOW INCOME AT RENT LEVELS 1HEY CAN AFFORD, DECLARING 1HE NEED FOR A CHULA VISTA HOUSING AUTHORf1Y TO FUNCTION, DETERMINING 1HE POWERS AND DlJI'IES OF 1HE HOUSING AUTHORf1Y, AND DECLARING 1HE QTY COUNCI. TO BE 1HE COMMISSIONERS OF 1HE HOUSING AUTHORf1Y .In order to gain further insight into the formation of a Housing Authority, staff has been in contact with representatives of the County Housing Authority, other city housing authorities, and the Federal Department of Housing and Urban Development (HUD). StafI's review and analysis indicates that procedurally, the City must tint form a housing authority and designate officers and staff to serve the authority by resolution under Section 34200 of the Government Code. Staff recommends approval of the resolutions. {Director of Community Development) B. RESOLtmON 17022 DESIGNATING OFFICERS AND STAFF TO SERVE 1HE CHULA VISTA HOUSING AUTHORf1Y Councilman Moore asked if we voted on this tonight, are we saying that we will not take any official increased cost, increase staff, increase office spaces until it comes back to Council in two years when we are ready to be self supporting? Community Development Director, Chris Salomone, responded that it would be inaccurate to say that there would not be some cost. Existing staff would be coordinating activities, County Housing Authority would be operating the program until we have gotten an allocation from the federal government of enough units to be self supporting. There will be minor costs, such as administrative, but they will be easily absorbed by existing staff. Councilman Moore stated he had concern with the cost. Have we asked the County to allocate any units? Mr. Salomone stated those discussions have taken place, but they would not support that. They do not want to lose the staff and the fees. ..J..8' ., fj L. ll- ,~ M1NlT1'ES March 2,1993 Page 11 CoWlcilman Moore asked if that meant they will have to lay someone off if we collect the next two hWldred units under our jurisdiction? Mr. Salomone responded that that will not happen. This is the advantage of this. As it grows, their existing staff keeps their fee. Councilman FOll asked if the administrative fee of 8.2 percent of the monthly subsidies was when it reached 200. Then what would be the fee before it reached 2oo? Housing Coordinator, Juan Arroyo, responded that any new certificate which the city acquired over time, everyone can charge 8.2 percent of the monthly rent. This could be used to cover administrative cost. That fee becomes available to the City upon any new certificate. Councilman FOll stated that if the County was administering the certificates until the City reached the 200 point, who would get the 8.2 percent? Councilman Moore responded that they use the 8.2%. When we say we are going to take over, then they cease and we step in. Councilman FOll asked what other specific duties will the Commission have other than the administrative ones listed in the staff report. Mr. Salomone responded that the grievance hearings will be conduc;ted by staff; the Council or Commission will not have to get involved in those. The Housing Authority Committee would be the last court of decision on appeals. Councilman Moore asked how many cities had housing authorities where the elected officials were the Authority? Mr. Arroyo stated that most cities do not have Housing Authorities. Only Carlsbad, Oceanside, and National City have their own Authority whereby the Council is the Authority. Mr. Salomone stated that the Authority will not have the workload that the Redevelopment Agency does. The Authority would be involved in grant applications, approving contracts with HUD for administration of the housing certificates, bond issues, etc. Councilwoman Horton stated she was in support of the staff's recommendation. She felt that as a start up siNation this was the best route to take to get this program going. She was jrlad to see Chula Vista forming its own Housing Authority. However, she would like to have staff come back with a Vision, Mission Statement, and specific Goals. Also important would be to have staff come back on a regular basis, even monthly, with a report letting Council know what has been transpiring - for example, what has staff been .doing, what grants have been applied for, what type of funding has staff been able to get. ' Councilman Rindone asked if the County will still have jurisdiction in Chula Vista for the previous housing units under them which would result in overlapping jurisdictions. Mr. Salomone stated this was correct. Councilman Rindone asked if staff saw any problems with that? Mr. Salomone stated there could be resultant confusion among the tenants. However, this is the format which has been followed by many cities throughout the United States and is a typical process as a city grows away from the County jurisdiction on housing. We will be creating a new constiNency of housing tenants in the City who will come to us for all kinds of housing needs. The County people who are on the County Section 8 program have been certified, have been qualified, and assigned to a case worker at the County. They have a strong communication with that person. It is not likely that those people who are on that program will come to the City. . There will be overlapping jurisdictions; there are a thousand Section 8 units in the City that are subsidized under the County Housing Authority. . Councilman Rindone requested that staff, if this is approved, contact other cities to see the extent of what that problem would be. If it is a problem, how have they addressed it. He also asked, on a regional basis, ifwe would be duplicating fixed costs? Is this a concern overal1? There is a school of thought that the best delivery system on a regional basis might ultimately be more cost effective. He would want to know the net impact on that and if it has been looked at. Mr. Salomone responded that if you look at Section 8 administration which is the HUD program, there are regional economies. One of the predominate reasons for becoming an Housing Authority is to give us the chance to go after the money which is offered only to Housing Authorities and to create projects and programs locally that are afforded by the federal government and other agencies only to Housing Authorities. -Ir~/'- V'''"\-I'1 MINUTES March 2, 1993 Page 12 Mr. Goss felt that one of the things on regionalism has to do with the fact that it is better to eliminate all the chiefs and have only one. We are creating a new housing authority director with all the management and administrative hierarchy fitting in what we already have. There are no new positions being created in that respect. Councilman Rindone stated he did not want Council to contribute to the cost of government. He did not want to create another layer of government. He was swayed when you can become proactive for our community in getting grants in what is called 'soft money" to contribute it to general entitlement and funding of your programs. Mayor Nader asked if seven memben was the number which was required by state law for the Housing Advisory Commission? City Attorney, Bruce Boogaard, responded that state law states you have to have seven and because you have chosen a five member authority consisting of the City Council then you will have to have a seven member Housing Advisory Committee. Two of them must be tenants and if there are tenants who are 62 or older then one of memben must be 62 or older. Mayor Nader stated that the present Housing Advisory Committee is a seven member committee appointed by the Mayor with Council ratification. There is currently one vacancY. He does not know if any of the remaining six memben are tenants who would fulfill one of the requirements for these two tenant seats within State law. If that is the case, then by holding the current vacancy open, we could assure what people are getting at. Councilman Moore asked ifwe were talking about Section 8 only? What about the other housing units that the County has been working with us such as the HUD family units on F Street, Melrose, and Dorothy? Do they retain oveneeing those? Mr. Salomone stated they will retain ownenhip of those projects. In the future, we will be able to do those projects on our own without the County's assistance. Councilman Moore asked if Section 8 was basically rental units and what happens when a number of them move, relocate, or pass away? Mr. Salomone responded that they are rental subsidy. Those people have a certificate in place until they no longer qualify for that certificate. They would be disqualified if their income increased. This would be effective anywhere in the County. Mr. Arroyo stated that anyone who has a certificate can move to any other jurisdiction. Upon moving to another jurisdiction, the original authority maintains 20 percent of the fee. Ukewise, Chula Vista could administer the certificate coming into the City, then we would receive 80 percent of the fee. Councilman Moore stated that staff has listed the sequence of actions on the staff report. The vote tonight will accomplish the tint one. Does that mean the other four will come back sometime in the next two yean? Mr. Salomone stated that aCNally the tint two will take place tonight. On the next three, we will come back as speedily as possible with the By-laws and other issues. Mr. Rindone stated that when you come back, it will aCNally be the tint meeting of the Housing Authority. Mr. Salomone responded that was correct. RESOLtmON 17021 and 17022, OFFERED BY COUNCLMAN RINDONE, ruding of the tat was waiftd, passed, and approved .m.....imously. MSUC (Hortol\lRindone) for ItlIff to come back on a monthly basis with a report and when they come back to the Dm meeting haft the VISion, Mission Statement, and Goals. Councilman Moore stated that something might not take place for a year or so. Councilwoman Horton responded not necessarily. Staff should, once they get the program going, be out looking for grant funds or financing for the programs. Councilman Moore stated he had a problem asking staff to do another job in a short time frame when they don't have the staff to do well with now. ~ 1'1 - "2..0 MINUTES March 2, 1993 Page 13 Mr. Goss asked staff if there was any major workload implications or limitations based on what was being requested by the motion? Mr. Salomone stated he did not. The Authority will be established tonight. The other activities such as seeking funds and applying for grants are things we would normally due and assume as part of our workload. Mr. Goss stated the additional workload would be the monthly report which should probably be a rather simple routine thing to do. Mayor Nader stated that although it will be two years before we accumulate the number of Section 8 subsidies that we would take those over, the situation has been that the City has on staff a full.time Housing Coordinator and the creation of the Housing Authority puts some new tools in his arsenal to do his existing job. The way he interprets the motion on the floor is a request from the Councll, which constitutes itself as the Housing Authority for the City, for at least a monthly report from existing staff on how it is going about planning to make use of that new tool. MOTION CARRJED UNANIMOUSLY. rIEMS PUU.ED PROM 1HE CONSENT CALENDAR (NOTE: Pulled from the Consent Calendar were items number Sa, Sb, and 10. Although they were discussed at this point, the minutes are transcribed to reflect the published agenda order). OTHER BUSINESS 22. CI1Y MANAGER'S REPORTCS} Mr. Goss stated that the Parks and Recreation Department had received two achievement awards. One was an achievement award for the design of the Norman Park Senior Center. It has now been recognized by the California Park and Recreation Sodety District Twelve. The other was an award for innovation programming for Project Care which is a new partnership program for senior dtizens and disabled living alone in Chula Vista who need the assistance of community partners. . 23. MAYOR'S REPORTCS) Mayor Nader stated that while he was in Irapuato, our sister dty, he had a chance to meet with the new Mayor to catch up on activities involving our sister dty exchange program, specifically our summer student sodal work exchange funded by the Kellogg Grant. He had an opportUnity to be interviewed by local radio and to express his opinion that the announced rejection of Twin ports by the Federal Government in Mexico was an example of how we can work together on border environmental issues. Mayor Nader will be attending the National League of Cities meeting in Washington D.C. and will be absent on March 9th. The Council secretary polled the Council for potential meeting dates and times to interview Commission applicants those being Growth Management and Montgomery Planning. Date and time selected was Monday, March 22 at 6:00 p.m. in the Council Conference Room. 24. COUNCL COMMEm'S Councilman Moore stated he had a spedal meeting today regarding a different way to attack graffiti at no cost to the dty except for their staffs time. He will be asking for a letter to go out to the major companies such as the City of Chula Vista and National City, utility companies, etc. to ask them to support the program. A copy will be put on each of their desks. -J 'K' ,;./ 1'\-')..\ - ~. .. MINUTES March 2,1993 Page 14 eoun...1m.n Rindone stated he was a member of a local service club. Today they heard the Music Machine from Bonita Vista High School. They were outstanding. He suggested that they be invited to receive a Proclamation recognizing what they have done, in particular, the fact that they have been selected as one of the very few competing groups in a major competition next week. He would like to invite them to a four o'clock meeting, open the meeting, then adjourn to outside so they would have room to do a pedormance and have it video taped for television. Mayor Nader suggested that staff contact the Music Machine to make arrangements to include them as part of the program for the April meeting. He suggested that if the Agenda was heavy that they come before the meeting and still have it included in the video tape for television. Councilman Moore suggested that they sing the Chula Vista official song. Cotm...1m.n Poz. He had no comments. Councilwoman Horton. She has been talking to some developers who had a problem with staff. Their complaint was that they bring in a project and then mid.stream a new staff person is assigned to the project. At that point, the whole plan is changed. Sometimes the changes are legitimate, but many times these changes cost the developer a lot of money and a lot of time. Ultimately, it is the homeowner or consumer who pays for this. She would like staff to come back with a report as to how we can eliminate this problem. ADJOURNMENT The meeting adjourned at 7:45 p.m. to a Redevelopment Agency meeting. Following the Redevelopment Agency meeting the Council adjourned to a Closed Session to discuss-the following items: Pending litigation pursuant to Government Code Section 54956.9 . Roller VI. the City of Chula Vista. Pending litigation pursuant to Government Code Section 54956.9 - EDCO Disposal Corp. VI. Laidlaw Waste Systems, Inc., Sweetwater Union High School District, and the City of Chula Vista. The City Council adjourned the Closed Session to the Regular City Council meeting on March 9, 1993 at 6:00 p.m. in the City Council Chambers. " ReZitfully JZrtbtCl B~thelet, CMC City Clerk - A..t~ \\-'2-'- ;;11;;l.t1I'l~1'l1 Ii GREG ROGERS PARK RANKING BY INDEPENDENT RATER POINTS FEE 1. Heimburger-Hirsch 2. Nowell-Thompson 3. BSI 4. Schmidt 5. Estrada 6. KTU + A 7. Delorenzo 8. Dike 9. Van Dyke 10. Wiley 11. Garbini 12. Tatsumi 13. Maloney 14. Teshima 15. Marum 16. Stone-Fisher 17. ONA 91 88 88 84 80 80 76 71 61 60 59 58 49 49 47 45 38 $33,400 $32,400 $107,000 $47,430 $68,071 $53,500 $39,700 $39,000 $41,500-$59,500 $29,600 $61,025 $29,800 $69,724 $57,600 $48,070 $58,500 $45,700 ~ I, ~ 2.~ , ATTACHMENT C NOTICE INVITING PROPOSALS . " '" lotJce Is hereby gtven that the City ofChula Vista wl1l recelve at the offlce of the Director of Parks and ~ .tea'eatJon. 276 Fourth Avenue. Chula Vista. Cal1fomla. proposals to prov1de laridscape archltectural services for specJflcatJons. working draWIngs and construcUon bid documenta n-wsary for Greg Rogers Master Plan In the City of Chula Vista. Proposals must be recelved by 5:00 n.m.. October 16. ~. Submlsslon of a proposal wl1l not constJtute a bid or conUnulng otTer. The party submltUng a proposal will not be contractually responsible to the City and may withdraw the proposal at any Ume without obligatJon. The City reserves the right to reject any and all proposals or enter In to an agreement with the party submlttlng the proposal which. In the oplnlon and sole dlscretJon of the City. wl1l best serve the public interest. Such evaluatJon wl1l Include. but not be 1lmlted to. experience. business reputatJon. overa1J quallflcatJons. the proposal submltted. and other informatJon obtained through background JnvestJga tJon of proposers. It Is understood that the dty wl1l not compensate partJes for submISsion of letters. I. SCOPE OF WORK A. Profect DescrlotJon Greg Rogers Park is a 47 acre community park that SelVes the southern portJon of the City ofChula Vista. It was opened September 11. 1962 and was the first park deVeloped In Chula Vista as a Joint-use facUlty between the dty and the school distrlct. The park has various uses and fac1l1tJes that Include. little league fields. Boys and Girls Club facllltJes. picnIc areas. playground and a general malntenance area. A Master Plan was developed by GUlesple-Delorenzo In 1991 and approved by Council. The Master Plan proposed a two-phase development project, however. due to funding. the Master Plan Will be developed over a 5-year perlod. Funding Is avallable In FY 92-93 to prepare constructJon documents. specl1lcatJons and bid documents for Phase I construction In FY 93-94. The revised five year constructJon phasing schedule Is as follows: 113.114 AMOUNT Relocate power line. . 50.000 Grading 90.000 UlI1Jty atub-oull 40.000 Bueballlleld. (4) and ac:ceuor1el 152.730 Slope planUng 89.830 Turf planUng and lrr1gatlon/ballllelda . 194.050 ConUngenc:y (15%). MobWzatlon 15%) 112.000 TOTAL . 558.880 J./ ~hi , Wl'C r:"-\porDn<\A1l2 Page 1 -J.3:.,1. r l'\ -"-'4 J. , . NotS .AMOUNT Parldng Iotlmprovement/balllleld . 111.8$4 Removal or park neldence/exlatInC playground 10.000 Orand.tand Maung/athletlc aomplex J 87.500 Conungency (I5~1. MobWzaUon l~) 82.000 TOTAL . 1'11.134 85088 .AMOUNT Demo or exlaUng rwlToom. exlaUng parklng lot. v- rlon buIIcltng . 12.000 Replacement or aod. \rrtpUon demo areu 10.800 New re.lToom 120.000 New aonc:eealon atand 135.000 New malntenance radllly 150.000 New puldng lot 34.000 ConUngency (I5~). MoblllzaUon (50/0) 82.000 TOTAL . 553.800 88-87 AMOUNT PleNe .helten (20 x 40) . 45.500 PleNe .helten (3) (15 x 20) 106.500 CreaUve playground 75.000 Concrete picniC tables 14,400 Shelter pleNe table. 4.900 Puk aceeasorlea. barbecue grUls. trash receptacle. benches. 'dr1nIdng fountain. 73.680 barbecue pita. entry monument Upgrade or park ln1puon ayatem: School ground. 66.870 Park turf 163.170 Park alopea 68,460 Addtllonal treea 79.500 Contingency (I5~), MobWzaUon (~) 140.000 TOTAL . 788.01S0 F:"-~\A8:l Page 2 ~ \\_~S " II 11'7'" AIIOVI'IT Concrete walkway. . 1&4.850 Decompoee pnIte lnII '.048 Secw1ty II&hUn, lhroua:hOUI park 44.000 ParIdna: Iota IIchUng . 24.000 BaWleJd lIghung 180.000 ConUn&ency (lS'KI). MobWatlon (S'K>) 84.000 TOTAL 1 502.188 I QRAJm TOTAL 12.'754.7112 ij B. Reaulrements The selected landscape architect will be required to perform the following tasks. In accordance wtth City of Chula Vista standards and the latest Federal mandate of the Americans wtth DlsabilltJes Act (ADA). 1. Prepare constructJon drawtngs for Phase I construction including but not l1mIted to: a. SpeclficatJons for proposed construction and planning will Include standards for materials and installation and methods of InstallatJon. b. Final Cost Estimates which will be ItemiZed and be based on final working drawings. c. Plans must be prepared on "D" sheet (2' x 3') size mylar with standard City border. Mylars are available In the Public Works Department. d. Drawings shall Include electrical. demolltJon. lite. grading. landscaping. structural. clearing and grubbing. Irr1gatJon. and as-buJlts. 2, Fulflll requirements for construction bid documents. using City's format with input from City stafl'. 3. f'rov1de all surveylng.lfneeded. for preparation of plans and construction of the project. Surveying shaD be done by a professional engineer or licensed land surveyor. 4. Assist City in the preparation and taking of construction bids. 5. Assist City In adm1nlsterlng constructJon project by making site vtslts on an as- needed basis. I WPC r:"-,,"",,",,\aS.1l2 Page 3 If ~~(, \ .., ~ "2..-(.". - .. 6. Particlpate In conferences With City stafT. Park View IJtUe League for the development of drawings and plana. 'I C. Prooosal Fonnat Proposals (four copies) shall contain the following: I, ArchJtect-Engineer fonna 254 and 255. 2. A negoUable time schedule for compleUon of Phase J drawtngs and plans. 3. The flnn's approach to completing t~ed herein. With .pedal emphasis placed on creaUv1ty.low ma1ntenan~ to e:xtemalSWTOundlngS. vandal resistance. and cost efi'ectlveness. 4, Names and quallfications of consultant team who will be d1rect1y Involved In the proj ect. 5. A cost estimate for each consultant tised for the serv1ce to be performed. All proposals will be reViewed. screened. and evaluated by a Selection Conunlttee. nus conunlttee will select five candidates It considers most quallfled to be lnterv1cwcd. These candidates must submit three samples of stm1lar work dealing With park redesign prior to the Interv1ew. D. Selection Criteria 1. The followtng criteria shall be used In selecting the firm ultimately chosen for this project: 2. Qualifications of the spcclfic Indlv1duals who will work on the projcct. 3. Demonstrated record of success by the consultant on work prev10usly performed for the City and/or other munlclpallties or enterprises. 4. Ability to prov1de General Uablllty Insurance and Prof~slonal UabUlty Insurance (Errors and Omissions). Based on the Interv1ew and Information submitted. the conunIttec will make a flnaJ selection. The chosen flnn shall enter Into flnal negotiations With the D1rec:tor of Parks and Recreations or his representative. Both parties shall define the exact conditions of the contract scope. work plan. schedule. fees. and methods of payment. After completion of these negotiations. a City of Chula Vista standard two-party contract will be presented to the city councU for approval. E. J're-Prooosal Contact Consultants are encouraged to contact MartIn Schmidt. Landscape ArchJtect at (619) 691-5071 regarding clarification of this request for proposals or additional Information. WI'C ,:_\jIorDrI<\BS.1I2 Page 4 ~~-.2. ? -. 11-"'2-1 j"' j"\...-',,:'\, 'GREG ROGERS PARK INTERVIEW FORM To: I/.ttrI.Iimi., GrollpJ o..'JIer: Interview Score Sheet ISSl'E Poinu Awarded Possible Poinu J. Similar project experience 10 2. Discussion of the firm's capacity to perform the work. 10 3. A discussion of the firm's understanding of the project needs. 20 4. Discussion ofthe methods the firm proposes to use in , providing the required services. I 10 S. A discussion of consultants that may be working with the firm on the project. I 10 6. Discussion of how the firm will handle the planning. I design. and construction phases of the project. Discuss dcsign approach, construction COSt controls. and invoh'ement 30 in thc design and implementation phases of the work. 7. Discussion oftime schedule the firm proposes to complete I the necessary preliminary work. IS well IS I time schedule 10 for thc entire project. Notes: TOTAL 100 Intervicwcr: Finn: 5 ~ I, -"2-~ - " a ~%II ATTACHMENT A COUNCil. AGENDA STATEMENT ., Item Meeting Date 3f2193 rrEM 'ITI1.E: Resolution Appropriating additional funds from the unappropriated Park and Acquisition Development Funds (PAD) for the design construction documents and related services for Greg Rogers Phase I Improvement Project, and Approving an agreement between the City of Chula Vista and Van Dyke and Associates for design development, construction development and related services for Greg Rogers Park. SUBMll HID BY: Director of Parks and Recreati~ REVIEWED BY: City Manager (4/5ths Vote: Yes..!... No_) The Greg Rogers Master Plan was approved by Council on April 16, 1991. A landscape consultant is required to prepare design, construction documents and other related services for the project. There are insufficient funds in the appropriated CIP to complete the necessary services for the Phase I improvement of the Greg Rogers Master Plan. RECOMMENDATION: That the Council approve the Resolution which: 1. Appropriates $28,000 from the unappropriated PAD funds to complete the necessary design construction, document development, and related services for the Phase I improvements; and 2. Authorizes the Mayor to execute the agreement with Van Dyke and Associates for consultant services for Greg Rogers Park Phase I. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In 1990, the Rancho del Sur Partnership commissioned a landscape architectural firm to Master Plan Greg Rogers Park. The Master Plan was a condition in the Public Facilities Financing Plan, approved by Council on February 20, 1990. The Master Plan Study received extensive input from three community meetings and the school faculty at Greg Rogers School. The conceptual plan was approved by the Parks and Recreation Commission in February, 1991, and by Council on April 16, 1991. As per Council's request, a proposed phasing scheme for the implementation of the plan was developed. A five-year capital improvement phasing schedule was proposed, with the initial phasing to begin in FY 92/93 for the Phase I Improvement Design. IF_-"".9J1 j The Greg Rogers Master Plan addressed the park needs to improve the ballfields, parking, picnic facilities, restroom, relocation of maintenance building, enhancement of play lots, and other park amenities. The estimated cost of the total improvements was $3.4 million, with. the improvements incrementally phased over a five-year period. For FY 1992-93, $46,000 was appropriated for Phase I, which includes design, construction documents and related services. Phase II funding for the improvements is proposed for the 1993-94 Capital Improv~ment Program. These improvements would include: relocation of power lines; grading of ballfield areas; utility slab-out for future snack bar/restroom and storage facility; construction of four baseball fields and accessories; slope planting, turf, and irrigation; and the construction of a ballfield parking lot. At an estimated construction cost of $700,000, funding for the construction phase will be considered with other Department's CIP projects for FY 93/94. The Department made a thorough analysis to determine the need. for an outside consultant to prepare the necessary construction documents for this project. The Department evaluated this need based on the following criteria: 1. Does existing staff have the required expertise or equipment? The City has the staff expertise and equipment to prepare a portion of the necessary plans; however, the workload of the Department's Landscape Architect and Engineering Department's Engineers would need to be re-prioritized, and current projects in process by staff would be deferred indefinitely. The Department's special projectgs and current CIP work list includes: Otay Valley Regiona] Park project, Rohr Park Improvements (Phase II), Memoria] Park Improvements (Phase II), Hilltop Park Improvements, McCandliss Memorial GrovelPark (Phase II), and Playground Renovations at various sites. In addition, the Landscape Architect provides extensive work and plan checking services for the development projects, providing revenue, at full cost recovery, to the City's General Fund. These projects are Salt Creek I, Salt Creek Ranch, the Bayfront Plan, EI Rancho del Rey, and Otay Ranch, etc. The work necessary for the current project would require additional staffing if the Greg Rogers Park project design is performed in-house. 2. Can the work project's short time frame be met by City Staff? For a project as complex as the Greg Rogers Park Plan, considerable organization of the various disciplines (Le., e]ectrical, civil engineering, architectural, and landscape) need close coordination, which would be difficult for existing City staff to accomplish under the current work load schedule. There is a short window of time available to get the project design and construction complete, in order to minimize the impact to the users of the park, primarily the Park View Little League. 3. Is it more cost effective to have the work completed by an outside provider? The design work will take approximately twenty (20) weeks to complete by the consultant. They projected 390 hours for landscape architectural design. This would necessitate an average of twenty (20) hours a week for the Department's Landscape Architect to complete the project in the same time frame. This work effort would seriously affect the current schedule of projects in the Department. p',_".93) ~ A cost comparison for the Landscape Architect consultant is $80.00 per hour. The Department's Landscape Architect's hourly salary (including fulI cost recovery) is $61.00 per hour. There would be non-General Fund savings if performed in-houSe; however, there would be a negative impact on the revenue stream from outside resources if the work program were re-directed to this project. After analyzing the above criteria, it was the Department's conclusion that the Greg Rogers Park Phase I plans should be performed by an outside consultant. The Department solicited a Request for Proposal (RFP) on September 16, 1992, for interested landscape architectural firms to provide the landscape architectural services necessary to prepare the construction documents for the Phase I improvements. Notices were sent to over 50 firms in the San Diego and Orange County area. The Department received 17 proposals by the October 16, 1992 deadline. The selection procedure, as outlined in CYMe Sections 2.5.220 and .230 and Council Policy #102-05, was utilized in reviewing the proposals. A selection committee comprised of representatives from Engineering, Planning, Building and Housing and Parks and Recreation Departments evaluated the seventeen (17) RFP utilizing a "qualification based selection process" to short-list the candidates to five firms. The five finalists were invited to make an oral presentation to the selection committee. A grading criteria based on qualifications, presentation, knowledge of the project and design approach and fee proposals was used to rank the firms. The final ranking of the finalists were: FIRM FEE PROPOSAL 1. Van Dyke and Associates $52,700 2. DeLorenzo & Associates $39,700 3. Estrada Landscape, Inc. $68,071 4. KTU+A $53,550 5. T.\. Maloney $58,500 In comparing the top two firms which have provided consulting services for other City park projects, Van Dyke and Associates maintained an excellent and cooperative working relationship with staff, and stayed within the agreed contract price and project schedule. Delorenzo and Associates had a less harmonious relationship with staff, was not as cost conscious and exceeded project time schedules. The fee proposal by Van Dyke and Associates is higher than the second ranked firm, however, the Cities are authorized to select professional consultant services on the basis of demonstrated competence and professional qualifications and not necessarily to the "low bidder." Fees are only one of the considerations in the evaluation process. Van Dyke and Associates demonstrates these qualities in the consultant services provided for the Marina View Park project. The Department was extremely pleased with Van Dyke's cooperation, quality of work and the final product. A total of $69,000 was paid to Van Dyke during 1991-92 for this contract. IF_''.93j .3 The original fee required for Van Dyke and Associates came to $52,700. After a preliminary . negotiating meeting to define the scope of services required, it was decided to include, in Phase I, design and construction document services required for improvements to the parking lot for the baUfields. This additional design and construction service document increased consultant fee by $8,800 for a total of $61,500. A parking lot was not considered when the cost for the first phase construction documents were calculated. However, after further review by staff, it has become quite evident that the parking lot should be included in this phase of construction documents. Staff is thereby recommending expanding the original scope of service, which includes a parking lot, because of the following reasons: 1. The Federal mandate to comply with the Americans with Disabilities Act requires that public parking facilities be accessible to the physically challenged. This new law was not in effect when the CIP was developed. 2. The existing dirt parking lot has historically been a nuisance due to excessive dust during dry months and mud during inclement weather. Severe erosion problems (ruts and holes) have adversely affected this dirt lot. 3. A new lot will efficiently delineate specific areas where cars must park versus the random and inefficient use of space which presently exists. The revised fee of $61,500 does not include funds for reimbursables and any necessary reports to complete the project. The consultant has requested: 1. $2,500 for reimbursable expenses i.e. reproductions, copying, additional blueprints, etc. 2. $2,000 for a title report to locate all easements, utilities on the project site. The Department believes these are legitimate expenses that were not included in the original scope of services and therefore recommend approval. The total cost for the consultant services will be $66,000. The Department is requesting an additional $28,000 from the unappropriated PAD funds. The Department believes this proposal is appropriate and recommends approval. The total consultant fee is $66,000, and an additional $4,000 is needed for parks and Recreation staff services. There is $46,000 available in the FY 92193 CIP budget, with $42,000 earmarked for design work, and $4,000 for engineering staff services reimbursement. (F'-~"."J l' FISCAL IMP ACT: An additional $28,000 from the unappropriated PAD funds will be required for the desired landscape services and staff services reimbursement. I. Funding Required A Consultant Services B. Engineering Staff Cost C. Park Recreation Staff Cost TOTAL n. Funding Available A Consultant Services B. Engineering Staff Cost TOTAL m. Additional Funds Required Attachments: Schematic Map Agreement (F'_".") :f $66,000 4,000 4.000 42,000 4.000 $74,000 $46,000 $28,000 MINUn:S OF A REGULAR MEE'IlNG OF l1iE C1Y COUNCL OF l1iE C1Y OF 0iULA VISTA Tuesday, March 2, 1993 4:07 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROil. CALL: PRESENT: Councilmembers Fox, Horton (anived at 4:32 p.m.), Moore, Rindone, and Mayor Nader. ABSENT: None ALSO PRESENT: John D. Goss, City Manager; Sid Morris, Assistant City Manager; Bruce Boogaard, City Attorney; and Beverly A. Authelet, City Oerle. 2. PLEDGE OF AlJ.EGIANCE TO l1iE FLAG. SILENT PRAYER. 3. APPROVAL OF MINUn:S: None submitted. 4. SPEOAL ORDERS OF l1iE DAY: Prnt-,..imiTlg 1993 as Senior Center Year in the City . The proclamation declaring 1993 as Senior Center Year was presented by Mayor Pro Tem Rindone to Ema Lenihan. CONSENT 0.' l'NT'lAR (Items pulled: Sa, Sb, 6, and 10) BALANCE OF TIiE CONSENT CALENDAR OFFERED BY MAYOR NADER, reading of the tat was waived, p;wed. and approved unanimously. 5. WRITTEN COMMUNICATIONS: a. Letter requesting funding of a traffic light on Otay Lakes Road at the Gotham Stteet comer -Marilee Castenholz McKelvey, 1615 Gotham Street, Chula Vista, CA 91913. It is recommended that Ms. McKelvey be advised by staff of the status of the proposed signal and that staff will recommend a signal be installed at either Gotham or Elmhurst after a decision has been made on the transit center. Pulled from the Consent Calendar. Tom Davis, 1657 Gotham Street, 91913, asked Council if they could separate the traffic signal issue at Gotham and Otay Lakes Road from the transit center. Mayor Nader asked staff to respond to Mr. Davis' concerns that there should not be a link between the traffic signal and the transit center. If staff still believed that the two should be tied together, how long would it talee? Mr. Lippitt responded that staff still thinks there is a cOMection, although the college Board of Directors had made the decision that the only place they want to look for the transit facility is near the new library. In that case, we would still be putting the signal either at Gotham or Elmhurst; Gotham would be the preferred location. Staff is not excited about this option because of costs. He felt it would probably talee anoth-- three to four months before all the information is in, and the Council and School Board could come te consensus. t. MINUTES March 2, 1993 Page 3 MSUC (NaderlPox) to refer to staff to meet with the ....;gJohnrw. busiDas owners, and all interested parties. When item comes back to CoUDdI in lhirty days, addrea c:onc:ema relating to bazarclous waste, if any; md provide information concerning prior CoUDdI actions. . Mayor Nader stated that any legal violation enforcement should not be delayed pending staff coming back to Council; all legal violations should be dealt with at the time. 6. ORDINANCE 2541 AMENDING SEC'l10NS 12.24.020, 12.24.030, 12.24.040 AND 12.24.070 RElATING TO DEDICATION AND INSTAUATION Of PUBLIC IMPROVEMENTS (second readinl[ and adootion) . Council requested that staff review Municipal Code Section 12.24.040 which provides the City the ability to require street dedications and public improvements associated with building permits valued at 510,000 or more. The review was to provide a recommendation for resetting the amount and consideration of other facton. In addition, policy needs to be set regarding the limits of development on private property before triggering the requirement to install or alter public improvements in the adjoining right.of.way. Several years ago, Council accepted a staff report which included a recommendation that an ordinance be brought back for adoption amending Municipal Code Section 12.24.070 to abolish the . acceptance of surety bonds and accepting only cash bonds or liens as security for deferrals. It has been discovered that the code change was neVer completed. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) Pulled from the Consmt Calmdar. Mayor Nader stated that he had one basic concern to raise from 510.000 to 520.000 the level of the building permit that would trigger any of these requirements. There was language in the ordinance and resolution which would add a requirement in all permits of 520,000 or more for the property owner to waive their right to protest the subsequent formation of an assessment district improvements. He had a problem with this if the building permit was not related to an improvement which triggered the need for the public improvements that the subsequent assessment district would be formed for. ORDINANCE 2541 WItS OFFERED BY MAYOR NADER, reading of the text wu waived. Councilman Fox asked if, under this ordinance, garage convenions would fall into the category of additional square footage? City Engineer Swanson responded yes. it would fall under additional square footage as well as additional bedrooms. Councilman Moore stated that during the last eight yean, we have not allowed garage convenions. VOTE ON MOTION: approved unanimously. M (Nader) to refer the matter back to staff to come back with an amendment which would delete the requirement that a property owner waive his/her right to protest a subsequent an ..-ent district in situations where the building permit did not authorize any additional clweIliDg space and where there wu no nexus between between the improvement being made by the property 0WDeI' and the need for any additional public facilities. Motion died for IacIt of a second. 7. ORDINANCE 2542 ADDING SECTIONS 19.04.107 AND 19.58.178 TO, AND AMENDING SECTIONS 19.14.070, 19.42.040, 19.44.040 AND 19.46.040 OP, 1liE MUNlCPAL CODE TO ESTABUSH DEPINI110NS. REQUIREMENTS AND PROCEDURES FOR 1liE REVIEW AND APPROVAL OP CONDmONAL USE PERMITS POR HAZARDOUS WASTE PAaunES (second reaclin2 md adoption) . Punuant to State law AB.2948 (Tanner, 1986), the City is required to adopt local provisions to implement the approved County of San Diego Hazardous Waste Management Plan (COHWMP). The proposed amendments establish the necessary provisions for the management of hazardous waste and the siting and permitting of hazardous waste facilities within the City, consistent with the COHWMP and State law. Staff recommends Council place the ordinance on second reading and adoption. (Director of Planning) 7 MINUTES March 2, 1993 Page 5 Councilman Fox stated he had problems in changing the rules of the RFP after people have gone through the process of putting a proposal together and then we change it and award it to someone who wasn't the lowest bidder. He wanted to know what liabilities or problems we might encounter as a result of the change of the rules. City Attorney Boogaard responded that it has been the practice in all cities to distinguish between a Request for Proposal and the public works bidding process. In a RFP, you are asking for expertise and qualifications. You are basically saying to the industry this is what we think we need, but give us your proposal. After that proposal is submitted, they are basically sending in resumes of their qualifications and an idea of how to achieve what we think we need. It is completely within the understanding of all parties participating in the process that the team can be subjected to further negotiations with the city saying we need to modify this to cover these other things. This is different from the public bidding process where we tightly draw the bid specifications. This is not subject to further negotiations. Councilman Fox stated that it seemed like there were things which came up after the proposal was made which seemed was material to the request -- things like reimbursable expenses for copying, doing a title report to find any easements, etc. They should have been part of the proposal. Councilwoman Horton asked staff how they came up with the five people on the list. Assistant Parks and Recreation Director, Jerry Foncerrada, responded that we had a committee of representatives from Building and Housing, Engineering, Parks and Recreation, and Planning Departments who short-listed the seventeen candidates down to five. The five were invited in to make a presentation and to sell the committee as to which one would be the best one to work with. Based on the rating criteria they had, that is how the ranking came out with the five firms. Councilwoman Horton stated she had called several different landscape architectural firms because she had some questions regarding the contract with Van Dyke and other things. Part of the criteria was based I qualifications, presentation, knowledge of the project, design approach, and fee proposals. The ~umber tw.. firm came in as the lowest bidder, but because there are some other concerns that are expressed in the staff report, staff decided the number one firm should be chosen based on concerns over and above the price. Mr. Valenzuela stated that was correct, but they did take into consideration past performance by both of the potential consultants, and they took into consideration how the price had escalated in one given project beyond what staff felt was reasonable. Councilwoman Horton stated that she was not arguing this point. She investigated this firm also and would agree with staff and not hire them. However, in talking to one of the firms, a firm in which she placed in high regard, they mentioned they had bid on this project. She found out his bid was $45,700. This was a landscape architectural firm who had an excellent reputation in the industry and who has won several awards in our city for past projects such as Discovery, Sunridge, and Scoby Parks. Based on staff's criteria, we were picking a firm at $52,700 when we have a reputable firm that we could have hired at $45,700. She wondered how many other firms were in the same situation. Mr. Valenzuela responded that he could provide Council with the criteria that was used to select the consultants for the short list. He was not aware of the consultants who did not make the short list. Last year, the Mini.Brooks Act which is a state law requires cities, counties, and other jurisdictions to select landscape architects or design consultants based upon skill, e~ertise, history, proven track records, etc. Councilwoman Horton stated that everything he named, this company has. In the industry, it is rated very high. You knew when you picked the number two firm at $39,700 that they already had this reputation within the city. So they shouldn't have even been on the list. Mayor Nader asked if the Parks 8: Recreation Director was on the Selection Committee. He responded that he was not. g MINUTES March 2, 1993 Page 7 14. RESOLlTnON 17011 SUPPOIlTING nm SAN DIEGO ASSOCATION OF GOVERNMENTS (SANDAG) IN nm SUBMl1TAL OF AN APPUCATION POll GRANT PUNDS UNDl!Ilnm PROPOSmON 116 QJ;AN AIR AND 11tANSPORTATION IMPROVEMENr 1Cf, B1CYClB PROGRAM - The Clean Air and Transportation Improvement Act (CA TIA) maltes available $20 million state-wide to fluid a five-year program of competitive grants to local agencies for capital outlay for bicycle improvement projects which improve safety and convenience for bicycle commuters. On 11120/92, SANDAG submitted an application for Proposition 116 Bicycle Funds totalling $750,000 for a portion of the Bay Route Bikeway known as the Sweetwater River crossing. The CA TIA requires that a local public agency adopt a resolution approving the submittal. In accordance with said requirements, SANDAG has requested that the City support the subject application. Staff recommends approval of the resolution. (Director of Public Works) 15,A, RESOLlTnON 17012 REVISING TFNl'AllVEMAP CONDmONOFAPPIlOVALEOF OiULAVlSTA TRACT 92~ AND CONDmON OF APPROVAL 1.1 OF 0iULA VISTA TRACT ~1 (RESOunlON 16900) - On 11/11/92, by Resolution 16900, Council approved the Tentative Subdivision Maps for Tracts 92.05 and 93.01, Rancho del Rey Commercial Center west and east, respectively. The final maps and associated agreements for both subdivisions are now before Council for approval. Staff recommends CouncD continue the item to 3/9/93. (Director of Public Works) B. RESOLlTnON 17013 APPROVING nm PINAL MAP AND SUBDMSlON IMPROVEMENT AGREEMEm' AND AIm-lORIZlNG nm MAYOR TO SIGNnm MAP AND EXEClTI'E SAID AGREEMENt" POR TRACT 92~, RANCliO DEL REY COMMl!llCAL CI!Nl1!Il WEST C. RESOLlTnON 17014 APPROVING nm PINAL MAP AND SUBDMSION 1MPR0VEMENr AGREEMEm' AND AlmiORIZlNG nm MAYOR TO SIGN nm MAP AND EXEClTI'E SAID AGREEMEm' POR TRACT ~1, RANCliO DEL REY COMMl!llCAL CI!Nl1!Il EAST D. RESOLlTnON 17015 APPROVING Sl.lPPlJ!:MENTAL SUBDMSlON IMPROVEMENI' AGREEMENTS TO SATISFY CONDmONS OF APPROVAL M. N, 0 AND P OF TRACT ~ AND CONDmONS OF APPROVAL S, T, U AND V OF TRACT ~1 AND AIm-lORIZlNG nm MAYOR TO EXEClTI'E SAME E. RESOLlTnON 17016 AIm-lORIZlNG nm MAYOR TO EXEClTI'E DEEDS QtJI1'ClAlMING ANY 1TnE INTERF.5T IN PROPERnES TO BE OWNED BY nm 0lliER PARnES SIGNING nm MAPs AFII!Il RECORDATION OF SAID MAPS 16. RESOLlTnON 17017 AIm-lORIZlNGTEMPORARYa.osuREATMOSSSTREETCROSSlNGPOR nm METROPOUTAN TRANSIT DEVELOPMENT BOARD (MTDB) SOlmi IJNE GRADE CROSSlNG IMPROVEMENT. The MTDB has issued a change order to add the Moss Street crossing to the .South Line Grade Crossing Improvement Project, LRT-299." National Projects, Inc. has requested two temporary weekend closures to complete the necessary work with minimal delays to motorists. Staff recommends approval of the resolution. (Director of Public Works) 17. RESOLlTnON 17018 APPROVING A SEWER SERVICE AND STORM DRAIN CiARGE REFUND POR nm RANCliO BONITA MOBILE HOME PARIC POR FISCAL YEAR. (PY) 1991-92; AND APPIlOPRIATlNG AN ADDmONAL $16,633.10 INTO FUND 223, nm MONTGOMI!IlY SEWI!Il SERVICE REVENUE FUND AND $5,810.65 INTO FUND 227, nm STORM DRAIN REVENUE FUND - In FY 1991.92, the Rancho Bonita Mobile Home Park, located at 600 Anita Street, was incorrectly billed for sewer service and storm drain charges on the tax bills for parcels 622.041-19-00 and 622.091.24-00. They paid the full amounts and are r MINUTES March 2, 1993 Page 9 Councilman Moore stated he was the one who made the motion to consider the name change. When looking at this area, he looked at one address, 1925 Otay Lakes Road, rather than 196 homes. He felt the name change would help those coming to the Olympic Training Center and to the new hospital. If the name was to be changed, it should be done early before these organizations spent a lot of money on their brochW'es and advertising. He felt if Council wanted to approve the name change, then the effective date could be extended whereby the post office would accept either address until January 1, 1995. Councilman Rindone felt the name should be changed to East L Street all the way. If we are going to be one city, then we should make this East L. Then there would be continuity throughout the city. MS (Rindone/Hotton) to return this to staff to look at ......;", lhe entire .section "I." Street. SlJIl5ll111re ManON: MS (Moore/Nader) to file lhe item. Councilwoman Horton stated that if we want to make a change, it should be down now. She would not vote for the substitute motion. Mayor Nader stated that no one outside the government has come to state there was a problem. If and when a time should come when that happened, th~n he supported getting more information. SlJIl5ll111re MOTION WAS APPROVED 3-2 (Rindone and Horton opposed). ORAL COMMUNICATIONS . Jean Weissman, 296 Dolphin Cove, Del Mar, 92014, representing the Local Government Commission. This was a membership organization which included about 400 local governments and elected officials in California. Currently, they are acting as a consultant to the San Diego Air Quality Control District. Their project is to develop a program to control indirect sources of air pollution in San Diego County. Out of this may come a rule that will affect Chula Vista along with the other cities. Her purpose was to alert the Council that this is coming and to ask for Council's active participation in the planning process. This project is mandated by the California Clean Air Act which authorizes local air control districts to require sources of pollution to obtain air quality permits. She stated that they did not want to impose a solution upon the cities in this county without their input. She hoped the Council would attend the four regional workshops which will be held in San Diego County within the next several months. Council will be receiving a letter with the times and places. BOARD AND COMMISSION RECOMMENDATIONS None submitted. AC'IlON ITEMS 20. RESOLtmON 17020 CONCEP1UAlLY APPROVING 1liE PUNDlNG NOT TO EXCEED $700,000 TO SOtmiBAY COMMUNl1Y SERVICES FOR ACQmsmON AND PIRSr-YEAR OPERATION cosrs OF A POURTEEN UNIT APARTMENT BUIlDING AT 31 POUR11i AVENUE TO BE USED AS A SHORT 1EtM HOUSING PACLITY - South Bay Community Services (SBCS) is interested in acquiring a 14-unit apartment complex to develop a short-term housing facility to serve homeless families in the South Bay. The site is adjacent to the transitional housing project which will enable both projects to be managed together. It also close to National City, which has been contacted to financially participate in the project. SBCS.. I~ MINUTES March 2,1993 Page 11 Councilman Moore asked if that meant they will have to lay someone off if we collect the next two hundred units under our jurisdiction? Mr. Salomone responded that that will not happen. This is the advantage of this. As it grows, their existing staff keeps their fee. Councilman Fox asked if the administrative fee of 8.2 percent of the monthly subsidies was when it reached 200. Then what would be the fee before it reached 2oo? Housing Coordinator, Juan Arroyo, responded that any new certificate which the city acquired over time, everyone can charge 8.2 percent of the monthly rent. This could be used to cover administrative cost. That fee becomes available to the City upon any new certificate. Councilman Fox stated that if the County was administering the certificates until the City reached the 200 point, who would get the 8.2 percent? Councilman Moore responded that they use the 8.2%. When we say we are going to take over, then they cease and we step in. Councilman Fox asked what other specific duties will the Commission have other than the administrative ones listed in the staff report. Mr. Salomone responded that the grievance hearings will be conduc,ted by staff; the Council or Commission will not have to get involved in those. The Housing Authority Committee would be the last court of decision on appeals. Councilman Moore asked how many cities had housing authorities where the elected officials were the Authority? Mr. Arroyo stated that most cities do not have Housing Authorities. Only Carlsbad, Oceanside, and National City have their own Authority whereby the Council is the Authority. Mr. Salomone stated that the Authority will not have the workload that the Redevelopment Agency does. The Authority would be involved in grant applications, approving contracts with HUD for administration of the housing certificates, bond issues, etc. Councilwoman Horton stated she was in support of the staft's recommendation. She felt that as a start up situation this was the best route to take to get this program going. She was ~ad to see Chula Vista forming its own Housing Authority. However, she would like to have staff come back with a Vision, Mission Statement, and specific Goals. Also important would be to have staff come back on a regular basis, even monthly, with a report letting Council know what has been transpiring - for example, what has staff been .doing, what grants have been applied for, what type of funding has staff been able to get. . Councilman Rindone asked if the County will still have jurisdiction in Chula Vista for the previous housing units under them which would result in overlapping jurisdictions. Mr. Salomone srated this was correct. Councilman Rindone asked if staff saw any problems with that? Mr. Salomone stated there could be resultant confusion among the tenants. However, this is the format which has been followed by many cities throughout the United States and is a typical process as a city grows away from the County jurisdiction on housing. We will be creating a new constituency of housing tenants in the City who will come to us for all kinds of housing needs. The County people who are on the County Section 8 program have been certified, have been qualified, and assigned to a case worker at the County. They have a strong communication with that person. It is not likely that those people who are on that program will come to the City. . There will be overlapping jurisdictions; there are a thousand Section 8 units in the City that are subsidized under the County Housing Authority. . Councilman Rindone requested that staff, if this is approved, conract other cities to see the extent of what that problem would be. If it is a problem, how have they addressed it. He also asked, on a regional basis, ifwe would be duplicating fixed costs? Is this a concern overaJ\? There is a school of thought that the best delivery system on a regional basis might ultimately be more cost effective. He would want to know the net impact on that and if it has been looked at. Mr. Salomone responded that if you look at Section 8 administration which is the HUD program, there are regional economies. One of the predominate reasons for becoming an Housing Authority is to give us the chance to go after the money which is offered only to Housing Authorities and to create projects and programs loca/ly that are afforded by the federal government and other agencies only to Housing Authorities. /) MINUTES March 2, 1993 Page 13 Mr. Goss asked staff if there was any major workload implications or limitations based on what was being requested by the motion? Mr. Salomone stated he did not. The Authority will be established tonight. The other activities such as seeking funds and applying for grants are things we would normally due and assume as part of our workload. Mr. Goss stated the additional workload would be the monthly report which should probably be a rather simple routine thing to do. ' Mayor Nader stated that although it will be two years before we accumulate the number of Section 8 subsidies that we would take those over, the situation has been that the City has on staff a full.time Housing Coordinator and the creation of the Housing Authority puts some new tools in his arsenal to do his existing job. The way he interprets the motion on the floor is a request from the Council, which constitutes itself as the Housing Authority for the City, for at least a monthly report from existing staff on how it is going about planning to make use of that new tool. MOTION CARRIED UNANIMOUSLY. ITEMS PULLED FROM 11iE CONSENT CALENDAR (NOTE: Pulled from the Consent Calendar were items number Sa, 5b, and 10. Although they were discussed at this point, the minutes are transcribed to reflect the published agenda order). 01liER. BUSINESS 22. 01Y MANAGEROS REPORTrs) Mr. Goss stated that the Parks and Recreation Department had received two achievement awards. One Vi? an achievement award for the design of the Norman Park Senior Center. It has now been recognized by th California Park and Recreation Society District Twelve. The other was an award for innovation programming for Project Care which is a new partnership program for senior citizens and disabled living alone in Chula Vista who need the assistance of community partners. ' 23. MAYOROS REPORTCS) Mayor Nader stated that while he was in Irapuato, our sister city, he had a chance to meet with the new Mayor to catch up on activities involving our sister city exchange program, specifically our summer student social work exchange funded by the Kellogg Grant. He had an opportunity to be interviewed by local radio and to express his opinion that the announced rejection of Twinports by the Federal Government in Mexico was an example of how we can work together on border environmental issues. Mayor Nader will be attending the National League of Cities meeting in Washington D.C. and will be absent on March 9th. The Council secretary polled the Council for potential meeting dates and times to interview Commission applicants those being Growth Management and Montgomery Planning. Date and time selected was Monday, March 22 at 6:00 p.m. in the Council Conference Room. 24. COUNCIL COMMENTS Counc:ilman Moore stated he had a special meeting today regarding a different way to attack graffiti at no cost to the city except for their staffs time. He will be asking for a letter to go out to the major companies such as the City of Chula Vista and National City, utility companies, etc. to ask them to support the program. A copy will be put on each of their desks. /:( GREG ROGERS PARK RANKING BY INDEPENDENT RATER 1. Heimburger-Hirsch 2. Nowell-Thompson 3. BSI 4. Schmidt 5. Estrada 6. KTU + A 7. DeLorenzo 8. Dike 9. Van Dyke 10. Wiley 11. Garbini 12. Tatsumi 13. Maloney 14. Teshima 15. Marum 16. Stone-Fisher 17. ONA POINTS @ 88 88 84 80 80 76 71 61 60 59 58 49 49 47 45 38 / :P , ~ $33,400 $32,400 ~ $107,000--- $47,430 $68,071 $53,500 $39,700 $39,000 $41,500-$59,500 $29,600 $61,025 $29,800 $69,724 $57,600 $48,070 $58,500 $45,700 '. ATTACHMENT C NOTICE INVITING PROPOSALS ',' . \. SoUce Is hereby gtven that the City ofChula Vista w1lJ receive at the office of the Director of Parks and { .~eaUon. 276 Fourth Avenue. Chula Vista. Cal1fomla. proposals to prov1de landscape arch1tectural services for speclftcaUons. working drawings and construction bid documents ll'--aJy for Oreg Rogers Master Plan In the City of Chula Vista. Proposals must be received by 5:00 n.m.. October 16. ~. Submission of a proposal w1lJ not consUtute a bid or continuing offer. The party submitting a proposal will not be contractually responsible to the City and may withdraw the proposal at any time without obllgaUon. The City re&eJVeS the right to reject any and all proposals or enter sn to an agreement with the party submitting the proposal which. In the oplnlon and sole dlscreUon of the City. w1lJ best serve the publlc snterest. Such evaluaUon w1lJ Include. but not be llmlted to. elCpUlence. business reputaUon. overall quallflcaUons. the proposal submitted. and other lnformaUon obta1ned through background InvesUgatlon of proposers. It Is understood that the dty wlll not compenaate parties for lubmlsslon of letters. 1. SCOPE OF WORK A. Profect DescrlDUon Oreg Rogers Park Is a 47 acre community park that serves the southern portion of the City of Chula Vista. It was opened September 11. 1962 and was the first park developed In Chula Vista as a Joint-use facUlty between the dty and the school district. The park has various uses and faclllUes that Include. llttle league nelds. Boys and Olrls Club facilities. piCnic areas, playground and a general maintenance area. A Master Plan was developed by Olllesple-Delorenzo In 1991 and approved by Council. The Master Plan proposed a two-phase development project. however. due to funding. the Master Plan will be developed over a 5-year period. Funding Is available In FY 92-93 to prepare construction documents. speclilcaUons and bid documents for Phase I construction In FY 93-94. The revised five year construcUon phasing schedule Is as follows: 83.84 AMOUNT Relocate power line. . 50.000 a.-ding 80.000 IJUllty .tub-outa 40.000 Bueb.n fleld. (4) and acceuorlea 52.730 Slope planting 39.830 Turf plantInC and In1pUon/ballllelda . 194.050 Contingency (15%). MoblllzaUon (5%) 82.000 TOTAL . 558.880 ""hi \ WI'C F:~~\aS.12 Page 1 /}I ". .~".~ Noe5 AMOUNT fWtc1ng lot Improvement/ba11aeld . 111.834 Removal of park .-ldence/exlatlng playground 10.000 Orand.land Matlng/athletlc complex 187.1500 Contingency (15%). Moblllzatlon (5%) 82.000 TOTAL . .71.SS4 .5ot18 AMOUNT Demo of exlatlng _troom. exlatlng parIdng lot. _0': '''''1 buUclIng . 12.000 Replacement of aocI. In1gatlon demo areu 10.800 New re.troom 120.000 New conceaalon .tend 135.000 New malntenance facWty 150.000 New park1ng lot 114.000 ConUngency (15%). MoblUzaUon 15%) 112.000 TOTAL . 5153.800 118.117 AMOUNT P1enle ohelters 120 X 40) . 45.1500 P1enle ohelters (3) (15 x 20) 106.500 CreaUve playground 75.000 Concrete picnic tables 14.400 Sheller plenle tablet 4.900 Park aoceaaorlea. barbecue grtUs. trash receptacle. benches. 'cIrInIc1ng Iounlaln. 73.680 barbecue pita. ent1y monument UPV-de of park ln1gauon -r.tem: School groundo 66.870 Park turf 163.170 Park .Iopes 68.460 Addltlonal treea 79.500 ConUngency (15%). Moblllzatlon (5%) 140.000 TOTAL . 788.050 r: "-\porDnc\U.t2 Page 2 /6' " 'i 87... AIIOVNT Concrete walkway. . . 16USO Decompoae cranJte trail 8.048 Secw1ty lIghtlni throughout park 44.000 Puldn& Iota 1IChtlni 24.000 8alIAeJd 1IChUng 180.000 Contingency (15%). MobWzallon (5%) 14.000 TOTAL 1 ao2.SIl8 I ORAND TOTAL 12.'754.'782 ~ B. Reoulrements The selected landscape architect will be required to perform the following tasks. in accordance wtth City of Chula Vista standards and the latest Federal mandate of the Americans wtth DlsabUlties Act lADA). 1. Prepare construction drawtngs for Phase I construction including but not llmlted to: a. Speclflcations for proposed construction and planning w11l Include standards for materials and tnstallation and methods of installation. b. Final Cost Estimates which will be ltem1zed and be based on final worldng draWings. c. Plans must be prepared on "0" s~eet (2' x 3') size mylar with standard City border. Mylars are ava1lable in the Publlc Works Department. d. Drawtngs shall include electrical. demolltion. site. gradlng. landscaping. structural. clearing and grubbing. 1n1gation. and as-bu1lts. 2. Fulfill requirements for constn.JcUon bid documents. using City's format with Input from City staff. S. Provide all surveying. lfneeded. for preparation of plans and constn.Jction of the project. Surveying shall be done by a profesSional engineer or llcensed land surveyor. 4. Assist CIty in the preparation and taking of constn.Jction bIds. 5. Assist CIty in admlnlsterlng construction project by making site visits on an as- needed basis. I WI'C r: _"",,,,",,\13.82 Page S t~ - " 6. Partlclpate In conferences with City stafT, Park View LIttle League for the development of drawings and plans. II' C. PrOtlosal Format Proposals (four copies) shall contaJn the follOWIng: 1. ArchJtect.Englneer fonns 254 and 255. 2. A negoUable time schedule for completion of Phase J drawings and plans. 3. The finn's approach to completing t~ed herein. with special emphasis placed on creativity. low maJntenan~ to e:xtemalSWTOund1ngS. vandal resistance. and cost effecttveness. 4. Names and qual1flcatlons of consultant team who w1Jl be d1rect1y Involved In the project. 5. A cost estimate for each consultant used for the service to be penormed. All proposals will be reviewed. screened. and evaluated by a Selection Committee. nus committee will select five candidates It considers most qual1fled to be lnt.eMewed. These candidates must submlt three samples of similar work dealing with park redesign prior to the Interview. D. Selection Criteria 1. The following criteria shall be used In selecting the firm ultimately chosen for this proj ect: 2. QualJfications of the specific Indlv1duals who WIll work on the project. 3. Demonstrated record of success by the consultant on work previously performed for the City and/or other munJclpalltles or enterprises. 4. Ability to provide General Uablllty Insurance and Profe,sslonal Uablllty Insurance (Errors and Omlsslons). Based on the interview and information submltted, the commlttee will make a flnal selection. The chosen finn shall enter Into flnal negotiations with the Director of Parks and Recreations or h1s representative. Both partles shall define the exact conditions of the contract scope, work plan, schedule, fees. and methods of payment. After completion of these negotiations. a City of Chula VISta standard two-party contract w1Jl be presented to the city council for approval. E. Pre-Protlosal Contact Consultants are encouraged to contact Martin SchmJdt, Landscape Arch1tect at (619) 691-5071 regarding cJarUlcatlon of th1s request for proposals or add1UonallnformaUon. WPC F:~\porbrwI:\A12 Page 4 1'7 ATTACHMENT D 'GREG ROGERS PARK INTERVIEW FORM f I ! To: l/.tmJiftri., Grollp) O...ner: Interview Score Sheet ISSL'E Points A....rded Possible Points 1. Similar project experience 10 2. Discussion of the firm's capacit)' to perform the work. 10 3. A discussion ofthe firm's understanding of the project needs. 20 4. Discussion of the methods the firm proposes to use in , pro\'iding the required sen'ices. I 10 5. A discussion of consultants that ma)' be working ...ith the firm on the project. I 10 6. Discussion of how the firm will handle the planning. I design. and construction phases of the project. Discuss design approach. construction cost controls. and involvement 30 in the design and implemeiltation phases ofthe work. 7. Discussion of time schedule the firm proposes to cotnplete I the necessary preliminary work. as well as a time schedule 10 for the entire project. Notes: TOTAL 100 Intel'\'iewer: Firm: as 1(' ~,~ =-~--: ",-- ~~ ~:-~~ I tern No. ;J.t) b mY OF D-IUA VISTA MEMORANDUM July 22, 1993 TO The Honorable Mayor and City Council FROM Bob Fox, Council member SUBJECT Council Comments for the July 27, 1993 Meeting I am requesting reconsideration of three requests for reclassification which were frozen at the 7/13/93 City Council meeting. These requests were to reclass: I. A Senior Accounting Assistant to Collection Supervisor in the Finance Department. 2. An Administrative Analyst II to a Senior Management Analyst in the Management and Information Services Department. 3. An Associate Planner to Senior Planner in the Planning Department. Attached are pages 10-12 of the City Manager's report from the 7/13/93 Council meeting, a portion of the draft minutes from the 7/13/93 meeting which address this issue along with Councilman Rindone's question and staff's response to reclassification request #3 above. Attachments: City Manager's report pages 10-12 dated 7/13/93 Councilman Rindone's question and staff's response 7/13/93 draft minutes showing the action taken on these requests (Pg. 7) B:\(SM)\RECLASS.FOX .2.()b~1 ~{Jb- /(J Item 16 Meeting Date 07/13/93 perform tree trimming service satisfactorily, utilizing probation workers and others successfully over the past year. Since that process is successfu~, the department plans to continue using that assistance with the result that salary savings from this frozen position can be utilized to counteract the reduction in revenue from the State. There is also a reduction of $20,000 in construction materials which is justified based on past expenditure history, plus some miscellaneous account cuts amounting to $3,718. Non-Deoartmental It is proposed that $10,100 in cuts be taken from the Non-Departmental b~dget. The City maintains a contingency account for hazardous waste studies of $10,000. It is recommended to reduce this contingency account by 50%, to a to~al of $5,000. To date, none of these funds have been used. It is also recommended to reduce the Council contingency account from $15,000 to $10,000, a cut of $5,000. This account also has only been used on a very limited basis over the last several years. A total of $100 in memberships is recommended to be cut,:which can be paid for by the individual out of professional enrichment funds. ' HIRING FREEZE At the June 22, 1993 Counc i 1 meet i ng, Counc il imp lemented a h ir i ng freeze for a 11 positions exclusive of those directly related to public safety, such as police officers and fire fighters. At that time, the State cut was not specifically known and this action was proposed as an interim measure in preparation for the final State cut information. Now that the State cut is known and we have recommended expenditure cuts and additional revenues to meet the net loss in revenue from the State of $540,000, it is recommended that the hiring freeze be eliminated. There are many vacant positions throughout the City which are critical to maintaining the current. service levels being provided to our citizens. It is recommended that all vacant positions not previously identified as those to be frozen or eliminated from the budget be filled at this time. RECLASSIFICATIONS Included as part of the FY 1993-94 proposed budget presented for Council adoption on June IS, 1993 were three position reclassifications recommended for your approval. During budget deliberations, Council directed that all position reclassifications be eliminated for FY 1993-94. It is requested that Council reconsider the three reclassifications submitted. The first reclassification recommended was in the Finance Department, reclassif in a enior Accountin Assistant to ollection u ervisor at a net increased cost of 7,653. .This position's duties were studied by the Personnel Department and recommended to be reclassified to the higher level. The basis for this recommendation is that the actual duties being performed by this position 10 ./ L~/.2PD -)... Item 16 Meeting Date 07/13/93 far exceed the knowledge, skills and abilities required of a Senior Accounting Assistant. If this position continues to work at duties which are beyond its current classification, the City will be in violation of Civil Service rules and we would be forced to change the duties of the pOSition so that all duties fall within the lower classification realm of responsibility, thereby minimizing its effectiveness. The new duties are required to effectively implement the Revenue and Recovery Division's new comprehensive collections program and the new ~B 408 (parking violation decriminalization) program. These new programs require a significantly higher level of expertise, responsibility and discretion, as well as supervision of employees, volunteers and interns. The need for a Collections Supervisor is strong and could be supported as an entirely new position. However, greater efforts at automating systems, in conjunction with the use of volunteers to do low level tasks make it reasonable to experiment with meeting new program needs by upgrading an existing position. This position, if allowed to perform at the higher level and be appropriately compensated, will create additional revenue of approximately $131,000 in FY 1993-94, which has been included in the actual revenue support for the operating budget. Should this reclass not be approved, staff would be required to relook at the revenue and likely would have to reduce the amount of revenue which could be generated by this position by up to one-half. Also, additional funds would likely need to be appropriated for the AS 408 program. It is recommended that the Council reconsider this reclassification in light of the actual duties being performed which exceed the current position classification, and the additional revenue which can be gained by this increase. The second reclassification requested is in the Management and Information Services Department, the Policy Analysis and Program Evaluation Division, from an Administrative Analvst II to a Senior Manaaement Analvst at a total cost of $4,434. This reclass was requested to be implemented effective January I, 1994 and would therefore only be in effect for the last six months of the fiscal year. This position was studied by the Personnel Department and the resulting recommendation of an increase to Senior Management Analyst was as a result of that personnel reclassification study. In the study, it was identified that the current Administrative Analyst II is presently performing duties and skills which far exceed the position classification of Administrative Analyst II. These current duties have significant impacts on City revenue and include responsibility for (1) updatin9 the City's full cost recovery factors (FCRs), including the Citywide factor and individual department/division factors, and developing special FCRs for specific programs such as the Federal Aid Urban; (2) analyzing the direct and indirect cost allocations for City services and preparing updates to the Master Fee Schedule; and (3) overseeing the Citywide project accounting system, including the training of departmental staff and monitoring reimbursements. In addition, the current incumbent has primary responsibility for assisting departments in assessing the costs/benefits associated with in-house versus contract decisions. The circumstances of this position also include the ability to fully access a career ladder within a series. As Council has agreed to in the past, it was recommended that the movement from Administrative Analyst I through Senior Management Analyst also be considered as a career ladder, and that individuals may move from the I level to ll~ ~ 21>.,3 Item 16 Meeting Date 07/13/93 the Senior level based on needs and performance. As such, it is recommended that Council reconsider the reclassification of Administrative Analyst II to Senior Management Analyst. As previously noted, the actual reclassification would not take effect until January, 1994. However, approval of the reclassification is needed at this time to enable the incumbent to continue work on the projects noted above during the interim period. The final reclassification requested was in the Planning Department, from ssociate Planner to enior Planner, which would become the Design Review Coordinator at a total cost of 4,030. It has been the department's desire to implement an official Design Review Coordinator with the requirement of an architect's license, and which would clearly be able to oversee the design review process, among other duties. The benefit of this would allow for improved streamlining and increasing the quality of staff support that can be provided to the Design Review Committee. Currently the department has been filling this need by using a consultant, who is a licensed architect, to coordinate all design rev iew. As you may remember, there was concern expressed by many outs i de architects that the planners providing support to the Design Review Committee had very limited, or no, architectural background. The implementation of this reclass was meant to meet that concern, and those expressed by the Council, in order to expedite the processing of projects before the City, as well as providing a better interface with the public. From the FY 1992-93 to the FY 1993-94 budget, staff was able to eliminate $5,000 from Planning and Community Development for architectural consultant services since we had planned to have an in-house architect. In addition, this temporary architect has saved the City consulting costs by providing Community Development advice on dealing with the parking structure defects at Park Plaza at the Village. Should the Council not approve reconsideration of this reclassification to Senior Planner, the department will not be able to provide the architectural support to the Design Review Committee which was previously requested. Also anticipated with this reclass was a reduction in overtime costs to attend evening meetings, such as DRC. The Senior Planner does not receive overtime, while an Assistant Planner must be compensated for attendance at meet ings. It is therefore recommended that the Council reconsider this reclass from Associate Planner to Senior Planner. FISCAL IMPACT: The approval of the recommended budget reductions will adopt a revised budget for 1993-94 of $54,418,775. JDG:mab cuts 1~ -,oJ.2/) b ' i Councilmember Rindone's question and staff's response for the 7/13/93 meeting regarding reclassifying Associate Planner to Senior Planner. 8. IF THE RECLASSIFICATION OF THE SENIOR PLANNER DOES NOT TAKE PLACE, HOW COULD THE ARCHITECTURAL SUPPORT FOR THE DESIGN REVIEW COMMITTEE BE PROVIDED? As part of the Permit Streamlining Program, there was considerable attention placed on the Design Review Program. There were specific criticisms that the standards imposed in the program were subjective, and at times appeared to be arbitrary. There were also concerns that there was inadequate oversight of the programs by "senior level" staff. In response to these concerns, in December 1992, we appointed Patrick Crowley, who was working in the Planning Department as a temporary senior planner, to take over as design review coordinator. Mr. Crowley is a licensed architect with considerable experience in both planning and architecture. In evaluating Mr. Crowley's performance in this position, we feel that it has had a 'positive impact, both from the standpoint of having an architect who is able to communicate clearly with other design professionals regarding design concepts, and also has the depth of experience to be able to offer workable options to applicants. If the position were not filled at this level on a permanent basis, we would refill the position with an existing Associate Planner, under the supervision of the Principal Planner in the Development Planning Division. ~ ~b~ Minutes July 13, 1993 Page 4 12. RESOLUTION 17161 ACCEPTINGBIDSANDAWARDINGCONTRACfFORTIiECONS1RUCTION OF ORANGE AVENUE AND FOURTII AVENUE STREET IMPROVEMENTS (ST-IS1) . On 6/23/93, sealed bids were received for the "Orange Avenue and Fourth Avenue Street Improvements" (ST.151). The work to be done consists of the construction of curb, gutter and sidewalk, pavement widening, decorated and landscaped medians, and traffic safety improvements. The low bidder was Granite ConstrUction Company in the amount of $333,968. Staff recommends approval of the resolution. (Director of Public Works) 13. RESOLUTION 17162 APPROVING AGREEMENT BETWEEN TIiE SAN DIEGO TRANSIT CORPORATION (SDTC) AND TIiE 01Y FOR UNIFIED TELEPHONE INFORMATION SYSTEM . On 6/19/80, the South Coast Organization Operating Transit (SCOOT) entered into an agreement with San Diego Transit Corporation (SDTC) for regional transit information service. The service provides Chula Vista Transit (CVT) riders with information on CVT schedules and routes, and on other fIxed route transit systems in San Diego County including San Diego Transit and the Trolley. Since SCOOT was dissolved on 7/1/93, the agreement for the service for the current fIscal year will be between the City and SDTC. The agreement continues CVT participation in the regional service for Fiscal Year (FY) 1993/94 at a cost of $22,766, a 7.6% increase over the FY 1992/93 cost of $21,146. Staff recommends approval of the resolution. (Director of Public Works) 14. REPORT PROPOSED DEBT SETIU:.MF.NT BElWEEN OGDEN ENVIRONMENTAL AND ENERGY SERVICES AND BALDWIN VISTA ASSoaATES REGARDING TIiE OTAY RANCH . Over the past few months, Baldwin has fallen short in meeting its contracrual obligation to Ogden Environmental as to payments due. Negotiations have been ongoing over the last thirty days to arrive at an acceptable payment schedule to eliminate the debt. A tentative agreement has been reached. The purpose of the report was to request Council authorization, since the City was a party to the three party agreement, to have City staff implement the agreement. It was recommended that Council authorize staff to execute a payment agreement with Baldwin Vista and Ogden Environmental to address the Otay Ranch debt. (Deputy City Manager Kremp!) Pulled from the Consent Calendar. Continued to the 7/20/93 meeting. 15. REPORT UPDATE ON STATUS OF IMPLEMENTATION AND IMPACTS OF AB 408 (DECRJMINAUZATION OF PARKING VIOLATIONS) . AB 408 became effective 7/1/93. The report describes the steps taken to comply with AB 408 provisions and the specifIc impacts on the City's parking citation program. ITEM HAS BEEN PUllED AT STAFFS REQUEST AND SUBMITTED TO COUNCIL AS AN INFORMATION ITEM. (Director of Finance) * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 16. PUBUC HEARING AMENDING TIiE 1993/94 BUDGET TO ACCOUNT FOR REVENUE REDUCTIONS FROM TIiE STATE OF CAUFORNIA - On 6/15/93, Council adopted the 1993/94 operating budget with the understanding that the budget would be revisited after the State adopted its budget and the impact of the State revenue cuts on the City were known. Staff recommends adoption of the revised budget. (Administration) RESOLUTION 17163 AMENDING TIiE 1993/94 BUDGET TO ACCOUNT FOR REVENUE REDUCTIONS FROM TIiE STATE OF CAUFORNIA City Manager, John Goss, presented the staff report using overheads. The net loss projected from the State budget cut was $540,000. If the voters did not extend the 1/2 cent sales tax in November, then it became .2{)b-t Minutes July 13, 1993 Page 5 $709,000. He was recommending a combination of some slight revenue adjustments as well as reductions in the budget itself amounting to $540,000. If the voters did not extend the 112 cent sales tax, he would come back to Council at that time. The results of the State budget cuts had done the following: 1) it would mean that the sales tax would go up slightly based on receiving the 1/2 cent sales tax for 6 months; 2) property tax would go down from $9 million to approximately $7.7 million; 3) motor vehicle in-lieu tax would go up; and 4) the net result would mean a $540,000 reduction. He recommended Council adopt the budget as recommended, remove the hiring freeze, and give consideration to the three reclassifications presented in the report. Councilman Rindone stated he had a concern regarding the potential adjustment of the $540,000, there was $132,000 of that from the Police Department which was in excess of 20 percent of the proposed cuts. Although he went over the budget thoroughly, he was still concerned and felt it should be re-examined. He asked staff to respond to the question that if the budget was in the neighborhood of $65-66,000 instead of the $132,000 what the impact would be. He was specifically concerned about the cap on the overtime. No on could predict what emergencies may occur. Mr. Goss responded that when the reduction in the Police Department was presented to him, it was in the amount of $171,000. He pared it down to $132,000. Richard Emerson, Police Chief, stated all of the employees in the Police Department had been working hard on the overtime. They had about a $350,000 shift in the overtime expenditures because of some increased management of overtime. He had talked to the City Manager about the ability to adjust at the end of the year if needed. If the $45,000 was added back into their budget, they would utilize it specifically to deal with some of the proactive measures in the Police Department dealing with crime and quality of life. Also, by adding additional officers, they would need some additional training. Probably the biggest savings from last year was the way they presented the gang alternative program at the elementary schools. Previously, it had been done on an overtime basis. However, last year, they attempted to use a light duty officer. Because he had been injured, he could not do this. So they used one of their gang officers instead which saved about $40,000. The monies could be used on overtime for off-duty personnel which would allow the on-duty individuals to work on their specific programs. They had managed overtime very tightly; there may be some changes in the MOU that may make some changes. He concluded by stating that if Council was looking for one account which would be modified in their budget reductions, it would be the overtime account. Councilman Rindone stated he was uncomfortable with that area. The Chief and staff should be commended for their judicious effort in the reduction and allocation of the work force. Yet, he did not feel Council should tie their hands. The return of the $45,000 overtime, did not necessarily mean it would be spent. He asked the Chief to explain the benefits of AIjis, another account which had been reduced. Chief Emerson replied that AIjis was the Automated Regional Justice Information System. Each police agency in San Diego County was involved in the joint powers agreement. It was the records management system throughout the County. They had looked at the AIjis transactions and felt that they could make cuts in that account. It would take them to the bare bones, but that was the impression they had that those types of cuts needed to be made. The total cuts would be $2,500 in one account and about $12,500 in another account. Councilman Moore stated he was the representative on AIjis because it was a spin off of SANDAG. It was a program which we needed. Membership was based on a set fee and the other cost was usage of the computer time. What the Chief was doing was cutting down the usage of computer time. Chief Emerson stated they were looking at doing some of the enteting of the data on off-peak hours because there was a substantial reduction. There were some employee concerns about working at midnight, but they felt it would be better to do that than get into personnel layoffs. San Diego Processing agreed they needed to utilize batch loading and were redesigning the system. .,2l)b'/ Minutes July 13, 1993 Page 6 Councilman Rindone stated that when you look at restoring something, you had to look at reducing something to keep the budget in balance. He stated there were some positions, such as a vacant clerical position in Administration at a salary of $26,900; a Plans Checker in Building and Housing frozen from 6 months to 12 months with a savings of $48,400; possible adjustment or delay in the Mainframe Computer Programmer for 6 months for another $7,500 savings; another $28,600 savings for not filling for 9 months the Engineering Aide. Although it was not the City Council's responsibility to dot the "i" and cross the "t" since it should be the responsibility of the City Manager, he was proposing the budget be balanced. This being the time and place as advertised, the public hearing was declared open. . Nancy Bizzari, 416 Third Avenue, Chula Vista, CA, was not present when called to the podium. . Joseph Garcia, 484 Fifth Avenue, Chula Vista, CA, felt there should be more patrol cars in the vicinity of the Chula Vista Shopping Center. More of the unmarked police cars should be used as marked patrol cars for patrolling in the City. He wanted to know what the City was acquiring through the asset seizure funds. City Manager Goss replied that the City received about $40,000 each year in asset seizure There being no further public testimony, the public hearing was closed. MOTION: (Rindone) to approve Resolution 17163 (adoption of the amended 1993-94 budget) and the elimination of the hiring freeze with one amendment to include instead of a $132,000 cut in the Police Department budget, it would be only $72,000 (returning the previously anticipated cut of $60,000 for the police overtime and two accounts for AIjis) and that the City Manager be given discretion for balancing the $60,000 in any of the other ways he had suggested or as he felt appropriate. Mayor Nader asked if it could be put in the form of an amendment rather than a motion to adopt the resolution with that amendment. There could be other amendments to consider as well. Councilman Rindone had no problem with that. Councilman Fox stated he would second the motion with the understanding that the three goals Council had reaffirmed would also be kept in mind when the City Manager used his discretion. MS (RindoneIFox) to restore the $60,000 to the Police Department budget. Mayor Nader asked if it was Councilman Rindone's intent that if the Police Chief was successful in economizing in those areas during the coming fiscal year, funds would remain in his budget to use at his discretion in other ways that would enhance public safety. Councilman Rindone replied that hoped so because that would be a continuation of good management. Councilman Moore stated that he did not like to tinker with the budget where you restore money or add money and leave it up to the Department Head discretion. The City had a management team and it should go through the management team, not individual department heads. Mr. Goss stated those were estimates, but there were times where there were under estimates in some accounts and overages in other accounts. There was flexibility to make adjustments during the course of the year. If the Chief saved in overtime, but the AIjis costs went up, then the Manger's office would approve a transfer of funds between accounts. It was done in the Operating and Maintenance accounts. Mayor Nader stated the only area where he would add any funding was included in the motion on the floor. There were a number of areas where funding should be cut or restricted, such as: freezing the Engineering .2/J h ... r Minutes July 13, 1993 Page 7 Supervisol)' position and the Administrative clerical position; further cuts in the Planning Department which was included in his memo to Council last month; maintaining the freeze on reclassifications that was enacted last month instead of repealing it as recommended by the City Manager; and, implementing a more .extensive program of energy conservation similar to the one proposed in the Police Department. Councilman Fox expressed that the $50,000 cut in the Planning Department could possibly have an effect on the Youth Action Program. Councilwoman Horton stated she would have a problem cutting $50,000 from the Planning budget. Mr. Goss stated there was currently no vacancy for a Senior Civil Engineer as indicated in the staff report; that was an error. There was a Senior Civil Engineer who was working on the Otay Ranch project and that the position had to be revisited in terms of work load and whether it was going to continue to be filled as the City started processing the Otay Ranch specific plans. There were several positions, including a clerical position in Administration that was vacant which they had recommended be backfilled with part-time hours for six months. It was suggested by Councilman Rindone that it be extended to twelve months. There was also a clerical position in Finance and Public Works in that same categol)'. Councilman Rindone responded that it would be at the City Manager's discretion urness there was a consensus of the Council of some other areas that were currently being suggested for consideration which may impact the necessity for that. VOTE ON MOTION: approved Wlanimously. Mayor Nader felt the $32,000 cut in Planning could be accomplished by cross training and consolidating functions. MS (Nader/Rindone) to add an additional $32,000 cut in the Planning Department. Councilman Moore stated he could not support that. He did not know enough about the Planning Department. Councilman Fox felt he could not support the motion because the staff report stated that further reductions in the Planning budget would impact services. One of the primal)' goals in dealing with the budget was that it not impact service levels. Mayor Nader responded that if these funds are deleted from the Planning Department budget, they are still available for the Youth Action program. There was no possible impact to the Youth Action program from this motion. VOTE ON MOTION: failed 2-3 with Fox, Horton, Moore opposed. MSC (NaderlHorton) to freeze the Engineering Supervisor position and the one clerical poslOon in Administration, keep the reclassification freeze, and direct the City Manager to institute an energy conservation program throughout the City similar to the one proposed for the Police Department. Mr. Goss stated he assumed the interpretation would be if any of the Engineering Supervisol)' positions became vacant that they be frozen. Mayor Nader stated that was correct. COWlcilman Moore stated that if they cut out a Supervising Engineer and someone started doing his work, and if that work was beyond what he was hired for, then you have to reclassify him. He felt Council was tinkering with Administration and felt Council should not be doing that. ,).I)b -' 1 Minutes July 13, 1993 Page 8 Mayor Nader felt differently because the State had chosen three years in a row steal money from the City, and as policy makers they were within bounds and duties to give some direction to Administration. Mayor Nader withdn!w the portion of his motion which dealt with the Engineering Supervisor. Councilman Moore stated he still had a problem with the clerical and wanted to bifurcate that portion from the motion. PREVIOUS MOTION: (NaderlHorton) to freeze the one clerical position in Jldm;n;.tration. Motion carried 4-1 with Moore opposed. PREVIOUS MOTION: (NaderlHorton) to direct the City Manager to institute an energy conservation program throughout the City similar to the one proposed for the Police DepartmenL Approved unanimously. PREVIOUS MOTION: (NaderlHorton) to keep the reclassification freeze. Approved 3-2 with Moore and Rindone opposed. RESOLUTION 17163, AS AMENDED, OFFERED BY COUNCILMAN RINDONE, reading of the textwas waived. passed and approved unanimously. ***** The hour being past 10:30 p.m., the Council took the following vote: MSUC (Nader/Rindone) to complete the public hearings, item 5c, oral communication, the Redevelopment Agency agenda, and the closed session items and to continue the remaining agenda to July 20th. , ***** 17. PUBUC HEARING CONSIDERATION OF AN INCREASE IN SEWER SERVICE OiARGES - As a member of the San Diego Area Wastewater Management District (SDAWMD), the City was required to participate in its operations, maintenance, and upgrade program. Due to the increased cost of upgrading regional wastewater transportation, treatment, and disposal, it was necessary to raise the sewer service charges for Fiscal Year 1993/94. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. RESOLUTION 17164 APPROVING AN AMENDMENT TO THE MASTER FEE SCHEDULE ON SEWER SERVICE OiARGES AND TRANSFER OF $1,856,000 FROM FUND 222 TO FUND 225 This being the time and place as advertised, the public hearing was declared open. . Joseph Garcia, 484 Fifth Avenue, Chula Vista, CA, urged Council to lower the rate for low income people to about $4 to $6 per billing period instead of the $11 per month. He stated the sewer fund should be a bank to fund other City services such as voice mail. He felt that if there were reserves, it should be used to lower fees. MSC (Nader;Moore) to continue the public hearing to July 20, 1993. Motion carried 4-0-1 with Horton absent from the dias. 18. PUBUC HEARING CITY OPEN SPACE MAINTENANCE DISTRICT 10 FOR FISCAl. YEAR 1993/94 - Based upon the advice of the City Attorney, the public hearing for Open Space Maintenance District 10 has been separated due to conflict of interest. In accordance with the City Municipal Code Section 17.07, the City Engineer prepared reports on the spread of assessments for the Open Space Districts. The reports were accepted, and the required public hearings were set by Council at their meetings of ,2~b-11J MEMORANDUM July 27, 1993 FROM Council member Bob Fox i\ I Sid W. Morris, Assistant City Manager ty)j~~ ~/ TO SUBJECT Reconsideration of Three Requests for Reclassifications Frozen at the Adoption of the FY 93/94 Budget Following is a response to your request for information regarding reclassification of Senior Accounting Office Assistant, Administrative Analyst II and Associate Planner. Included in the proposed FY 93/94 budget were three position reclasses recommended for approval. During budget deliberations, Council directed that a freeze be placed on all reclassifications of positions to new designations with higher salaries. When the State budget was finally adopted, staff presented recommended budget cuts at theJuly 13th Council meeting. In that report, it was requested at that time that Council reconsider the reclasses which were frozen in the adopted budget. As additional background, position reclasses are approved only through the budget process. During the budget process, numerous requests are made by departments. Of these, only three were recommended to Council for approval in FY 93/94. A reclassification involves several steps prior to recommended approval by Council. ~ First a department must fill out a request for position reclassification for the Personnel Department which includes a detailed listing of knowledge/skills/abilities required of the position in question as well as a detailed listing of actual job duties. ~ The Personnel Department completes an independent position reclassification study on each of these requests and makes recommendations to the City Manager. ~ During review of the budget, budget staff extensively analyze the reclassi fication requests. In addition to taking into account the Personnel Department's recommendation, budget staff also ensure that higher level duties could not be shifted to other positions, accomplishing the same goal less expensively. Budget staff recommendations are then presented to the City Manager. The final decision on recommendations to the Council, however, rests with the City Manager, taking into account the analysis of the Personnel Department as well as budget staff. There have been cases whereby the Personnel Department has evaluated a position and 2{) b ~ II Council member Bob Fox July 27, 1993 Page 2 recommended a reclassification, and the City Manager has not recommended the reclassification to Council because additional information detailing other options or alternatives was realized. In the case of the three reclassifications which you have asked to reconsider, each has been through this very strenuous approval process and determined by staff to be appropriate to be placed at the higher classification. Some highlights on each of these three positions are listed below. The discussion focuses on the potential impacts of not approving the reclassifications. If the reclasses are not approved, staff will certainly continue to attempt to address the anticipated problems highlighted below in some other way. However, staff is very concerned about these potential impacts, and that is why these three reclasses were recommended. 1. Sr. Accounting Office Assistant to Collections Supervisor (Finance Department) Due to an effort to centralize and enhance collections of revenues due the City and enactment of AB 408 the Revenue and Recovery Division has taken on numerous responsibilities, implemented many new programs and eliminated many clerical tasks due to automation and the use of volunteers. As a result, the incumbent has and will continue to perform duties far exceeding the level of a Sr. Accounting Office Assistant. If the reclassification is not approved, the position will have to be restructured to lower the knowledge/skills/abilities to meet the current classification. This would result in the following impacts: " Reduce receivables collected by the City which were included in the FY 1993- 94 adopted budget; thus reducing revenue estimates by at least $60,000. >> Necessitate that administrative hearings (required by AB 408) be contracted out and that additional overtime be paid costing an estimated $10,240, as opposed to utilizing law school volunteers coordinated by in-house staff which would probably cost between $0-1,500. >> Shift substantial work to operating departments which has recently been more appropriately absorbed by the Finance Department in the areas of billings, outstanding debt collection, payment schedule negotiation, bad check collection, etc. >> Significantly delay research and development of new centralized collection efforts which are currently targeted such as, collection of non-returned library books (current loss of $38,000 annually) and review of current asset seizure procedures to ensure maximization of revenues. cWb~)-A Council member Bob Fox July 27, 1993 Page 3 >> Reduce use of volunteers, interns, and ROP workers due to unavailability of staff to schedule and supervise. >> Reduce ability to obtain contracts with other cities to provide them with collection services, thereby lowering our fixed costs. >> Reduce ability to perform more in-house collection activities and only contract out for services at the most effective point in the collections process. Earlier use of expensive attorneys and collection agencies would increase the cost of the collections process. 2. Administrative Analyst II to Sr. Management Analyst to be effective January I, 1994 (Management and Information Services) Due to ongoing efforts to calculate program and service costs as accurately as possible, many new highly technical tasks are now conducted on an annual basis. If the reclassification is not approved, the position will have to be restructured, resulting in the following impacts: >> City's indirect cost allocation plan would not be completed annually. Annual adjustments result in approximately $100,000 of revenue annually, and ensure City's fees are set legally and appropriately. This could be done by Special Projects Manager or Revenue Manager but would necessitate they delay other revenue generation projects. >> Reduction in monitoring of project accounting and delay in developing program changes which will provide department and City management with ability to see what various programs and tasks cost and reallocate resources or adjust procedures accordingly. >> Less efficient monitoring of time spent working on non-general fund projects to ensure reimbursements are fully realized. This monitoring saves over $300,000 annually in lost reimbursements. >> Reduced assistance to departments in conducting cost benefit analysis of contract versus in-house for various functions. >> Master Fee Schedule will be updated less frequently. )) Reduction in assistance to Economic Development division with current priority projects. >> Reduction in other revenue/efficiency related responsibilities including cost/benefit analyses, staffing studies, establishment of city special events policy. 3. Associate Planner to Senior Planner (Planning Department) JjJb ~ U Council member Bob Fox July 27, 1993 Page 4 >> Establishment of official design review coordinator, thereby eliminating overtime pay. >> Would be a permanent position requiring an architect's license. >> Provide improved streamlining and increased quality of staff support to Design Review Committee, and elimination and reduction of architectural consultant servIces. >> Provide assistance and design expertise to City projects. >> Provide review/reports on construction defects of City projects. Civil Service Implications of not implementing reclassifications Within the general provisions section of the Civil Service Rules is a discussion of revisions to the classification plan. "The Director of Personnel shall provide for the reallocation of any position from one class to another class whenever a change in duties and responsibilities of such position makes the class to which the position was previously allocated no longer applicable." In each of these circumstances, the Personnel Department has already determined that the duties and responsibilities are more appropriate at the higher level classifications. Any continuation of working these individuals at the higher level of duties would be in violation of our Civil Service Rules. B:\lDHI\REClA$S ;2iJb-)i ~I f.t.. -~- .- - - Sid Morris ~st. City Manager City Manager's Office 691-5031 01Y Of OiUlA VISTA Date: 7' 27. CJ.3 To: ~b.- 8~ fie- C1a~ ~ 'If-l0 .L{a<U/ ~;~ 0a1fi- JlU) t ff<-i bu,;u ~,y;.t.d.z.d ~v cAL ,/I, Adl q/J . )'-'t:'l&df~ ~.J ~V <lite ~_A a1~ aw:#1f aU ~ud (ff>~ .y:a1 c."'&U'lv:J qcpztJ-L,'(ll. ~..(.,. .xJ.i/Y'~V jJ-fa.n1tL"U ai1t.R.o.c'ff- JfIA.~ ~. A0 ~.d.." ,./'. ~ob ~)--> ..--.-, City of Chura Vista . Class Specification SEPTEMBER 1991 ~ENIOR ACCOUNTI.NG OFFICE ASSISTANT DEFINmON Vnder general supervision, In a centralized accounting setting, provides supervision and training to one or a small group of accounting office assistants and provides difficult or specialized financial, accounting or statistical office support In the Finance Department; performs related work as assigned. 9LASS CHARACTERISTICS This Is the working supervisor in the accounting office support series, with responsibility for providing direction to a group of accounting offica assistants performing similar work. This is a line supervisory class in that evaluation of employees Is assigned to this level. . PRINCIPAL DUTIES (JIIustrativl! Only) . Provides supervision, training and work review to a small group -of accounting office assistants; organizes work, sets priorities and follows up to ensure coordination and completion of assigned work; performs difficult or complex accounting or financial office support work in such areas as accounts receivable and payable; reviews and reconciles varied reports, computer output and related data; researches and assembles Information from a variety of sources for the completion of forms or the preparation of reports; makes complex arithmetic or statistical calculations; provides information to the public or to City staff that may require the use of judgement and the Interpretation of policies, rules or procedures; may provide lead direction or assist In enforcement of the municipal business license ordinance; process business license applications, Issue business licenses, prepare related business license reports; perform field work to Insure that all businesses are licensed, follow up delinquent licenses and applications, coordinate with other city departments, prepares actions for small claims court and gives testimony In court; takes appropriate action to collect "Non-sufficient Funds" checks, follow up and update "NSF" checks listing to avoid accepting bad checks; follow polices and procedures to minimize uncollectible funds; performs a variety of general office support work such as organizing and maintaining various files, typing correspondence, reports, forms and specialized documents, and proofreading and checking materials for accuracy, completeness and compliance with departmental policies and regulations; enters and retrieves data from an on-line or personal computer systems and uses such technology to produce reports; operates standard office equipment; and other duties as assigned. dO}; -/~ .. . .. ." . CIT.y OF CIfUlA VISTA Class Specification 7/9/80 Def;niUon ADMINISTRATIVE ArlALYST Il ;205'"3 Under general supervision, to perform ~rofessiona1 administrative work in the areas of municipal management, budget and operations; and to. do related work as required. *Examoles of Typical Duties PerfOrMs ir.dependent professi~nal ~nd technical public administration duties in all assigned areas of the administrative program; assists with organization, budget, and operations activities; performs manaQement studies and makes reports and recommendations; reviews budget estimates and requests; assists in budget preparation; assists in analyzing revenue sources; studies space allocations and manpower utilization; prepares manuals and forms; analyzes and reCommends improved methods and procecures; prepares, imo1ements, and administers special programs and procedures; provides advice and assis- tance to departments regarding administrative practices; negotiates and administers agreements with outside consultants or contractors; works with citizens' groups and commissions: conducts special studies and assionments; prepares reports and correspondence; may plan and oversee the work of others. **Desirab1e Qualifications Training and Experience - Any combination equivalent to graduation from college 1n public or buslness administration or a related field and one year of exoerience in profeSSional administrative work of acceptable level and qual ity. Skills, and Abilities - Knowledge of public administration polic es, pract1ces, an proce ures; amiliarity with bUdget and revenue applications; superior ability in oral and written expression and in the application of business and statistical research and reporting techniques; above-averaQe analytical ability; personality, attitudes and temoerament necessary for effective communication and the maintenance of effective ~~rking relations with all levels of the staff, other City employees. other governmental agencies, and the public: ability to schedule and oversee the work of others. *ThPica1 Duties are examples of duties performed by employees in this class. T e list may not include all required duties, nor are all listed tasks nec- essarily performed by everyone in this class. **Desirable Qualifications are a Quide for determining the education, training, exoprience, srecial skills, and/or licpnses ~Ihich may be renuired for emolov- ment in the class. These are re-evaluated each time an examination is ooened. ?t76 - /7 c:>< . CITY OF CHULA VISTA Class Specification March, 1991 SENIOR PLANNER Definition Under general direction, to perform more difficult professional planning work: to perform research, analysis and technical work in the development of planning projects and related planning activities: supervise subordinates: and do related work as required. *Examoles of Tvoical Duties Coordinates and performs complex planning research projects and investigations: performs highly technical research in zoning changes, zoning variances, conditional use permits, and other planning matters including population, housing, transportation, land use, and economic studies: coordinates and supervises field analysis and studies of re-zoning and variance requests: new ordinances and resolutions: participates in reviews and revisions to the general plan: supervises dispensing of public information by subordinates: prepares and reviews environmental documents and reports: assists in the training of new personnel: compiles and presents reports and makes recommendations on a wide variety of planning subjects including zoning changes and subdivision maps: attends meetings of the Planning commission and provides technical support to various agencies and community groups as required: serves as project leader on complex departmental assignments and projects. **Desirable Oualifications Trainina and Exoerience - Any combination equivalent to graduation from college in planning or a closely related field, and four years of professional experience in city and regional planning work of acceptable level and quality. A Masters Degree may be substituted for one year of experience. ;){}b /1 J{ CITY OF CIIULA VISTA Class Specif.ication liI/H', ASSOCIATE PLANNER Definition _ -Under .direction,to perfonn difficult professional planning \/Ork; to perfonn research, analysis, and technical work in. the development of planning projects and related planning activities; and to do related Itork as requi red. * Examples of Typical Duties Perfonns various planning research projects and investigations; perfonns the more technical research on zone changes, zone variances, conditional use pennits, and other planning matters including population, housing, transportation, land use, and economics studies; participates in and analyzes field studies of rezoning and variance requests; collects, analyzes, and presents data; prepares ordinance revi si ons, nelt ordinances and resolutions; participates in the review and revision of the general plan; provides public information and has senior authority over lower-level personnel in dispensing infonnation to the public; may prepare and review environmental documents; may assist in the training of new personnel; presents reports and may make recommendations on a wide variety of planning subjects i ncl uding zone changes and subdivi si on maps; attends meeti ngs of the Planning Commission, various agencies and community groups as required; serves as lead person on various projects. ** Desirable Qualifications Training and Experience - Any combination equivalent to graduation from college in planning or a closely related field, and three years of professional experience in city and regional planning work of acceptable level and quality. A Masters Degree may be substituted for one year of experience. Knowledges, Skills, and Abilities - Knowledge of the principles and practices of local planning, environmental law, and zoning; knowledge of state and local laws and regulations governing planning and zoning; knowledge of research methods as applied to the collection, tabulation and analysis of statistics affecting public planning; knowledge of engineering drawing and topographic mapping; ability to collect, tabulate, and compute planning statistics; ability to organize and conduct various planning research studies; ability to maintain records and prepare reports; ability to coordinate the work of technical and clerical personnal;, ability to make oral presentations at various public meetings; abil i ty to establ ish and maintain effective working relationships with others. * TJpical Duties are examples of duties perfonned by employees in this class. The list may not include JIll required duties, nor are all listed tasks necessarily perfonned by everyone in this class. ** Desirable Qualifications are a guide for detennining the education, training, experience, special skills, and/or licenses which may be required for employment in the class. These are re-evaluated each time an examination is opened. ~i/b ---/ I wpr. 031 IiK